Justia U.S. 8th Circuit Court of Appeals Opinion SummariesArticles Posted in Animal / Dog Law
Wullschleger v. Royal Canin U.S.A., Inc.
Plaintiffs filed a putative class action alleging that defendants deceived plaintiffs into believing their products were approved by the FDA. After the district court remanded the case back to state court, the Eighth Circuit granted defendants' petition for review under 28 U.S.C. 1453(c)(1), limiting review to the issue of federal question jurisdiction.The court held that federal question jurisdiction exists in this case, because plaintiffs rely explicitly on federal law throughout their pleadings and their prayer for relief invokes federal jurisdiction where it seeks injunctive and declaratory relief that necessarily requires the interpretation and application of federal law, including the Food Drug and Cosmetic Act. Therefore, based on the allegations in the complaint and relief sought, the court found that a federal issue surrounding the state law claims is necessarily raised, actually disputed, substantial, and capable of resolution in federal court without disrupting the federal-state balance approved by Congress. Accordingly, the court vacated and remanded for further proceedings. View "Wullschleger v. Royal Canin U.S.A., Inc." on Justia Law
Lunon v. Botsford
Plaintiff filed an amended complaint seeking damages under 42 U.S.C. 1983, alleging that each individual defendant violated his constitutional right to procedural due process under the Fourteenth Amendment when the local animal shelter, after a five-day holding period, put a stray dog up for adoption and spayed the dog before delivering it to the adopting family. Defendants did not know that the stray dog was plaintiff's young German Shepherd, which boasts world champion lineage and had escaped from plaintiff's back yard two weeks earlier.The Eighth Circuit held that the district court failed to devote sufficient attention to whether plaintiff had a protected procedural due process property interest and if so, the nature and extent of that interest. The court agreed with the Supreme Court of Arkansas that affirmative pre-deprivation notice is not constitutionally required in this situation, when an animal shelter holds a stray dog for more than five days and then adopts out and spays the dog after the owner fails to file a claim. The court also held that plaintiff failed to prove that each individual defendant's conduct violated his right to procedural due process. Therefore, the court reversed the district court's order insofar as it denied summary judgment to the individual defendants acting in their individual capacities, remanding with directions. View "Lunon v. Botsford" on Justia Law
Myers v. Sioux City
The Eighth Circuit affirmed the district court's dismissal of plaintiff's claims challenging the city's ordinance based on lack of standing. The challenged ordinance made it unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport or sell within the City of Sioux City, Iowa, any pit bull. In this case, plaintiff admitted that she does not currently own a dog because she and her fiance work full time and do not have the time to own a dog, but she intended to adopt a dog in the near future.The court held that, to the extent plaintiff sought prospective relief against future conduct, she failed to show that she owns a dog and does not live in the city. Furthermore, her intention to adopt a dog in the near future was uncertain and insufficient to confer standing. The court also held that plaintiff's past injuries did not grant her standing because she failed to demonstrate how her proposed relief redressed them. Finally, the district court did not abuse its discretion by declining to hold an evidentiary hearing prior to its sua sponte dismissal of plaintiff's claim. View "Myers v. Sioux City" on Justia Law
Kuehl v. Sellner
Plaintiffs filed suit against defendants under the Endangered Species Act, 16 U.S.C. 1531 et seq., seeking to enjoin defendants' mistreatment of endangered species. The Eighth Circuit affirmed the district court's order that the endangered species be transferred to another facility and denied plaintiffs' request for attorney fees and costs. Determining that plaintiffs had standing, the court held that the district court did not err in finding defendants had harassed the lemurs by keeping them in social isolation; by not developing, documenting, and following an appropriate plan for environmental enhancement; and by not providing clean water and sanitary conditions. The district court also did not err by ruling that defendants had injured, and thereby harmed, the tigers by failing to provide timely and appropriate veterinary care. Furthermore, the decision to imposed upon defendants the responsibility of finding an appropriate, licensed facility for the lemurs and tigers was well within the district court's broad equitable powers. The court held that the circumstances of this case justified the denial of attorney fees and costs. The court rejected the remaining arguments and affirmed the judgment. View "Kuehl v. Sellner" on Justia Law
Posted in: Animal / Dog Law
Hansen v. Black
The Eighth Circuit reversed the district court's denial of qualified immunity against a trooper who shot and killed plaintiff's dog when the dog ran onto a highway and obstructed traffic. The court held that the issue was not whether the trooper had the authority to seize the dog, but whether the degree of force he employed was reasonable to accomplish the necessary seizure. In this case, the trooper's actions were objectively reasonable under the circumstances and he was entitled to qualified immunity. Even assuming a constitutional violation, the trooper was entitled to qualified immunity because his conduct did not violate a clearly established Fourth Amendment right. Plaintiff has not cited, and the court has not found, any case concluding that an officer violated the Fourth Amendment when he shot and killed an unrestrained, unsupervised dog creating a serious risk to public safety and avoiding numerous attempts to control him without force. View "Hansen v. Black" on Justia Law
Kiesling v. Spurlock
Defendant, a corporal in the Arkansas Game and Fish Commission (AGFC), appealed the denial of his motion to dismiss claims related to the search of a residence. The district court determined that defendant was not entitled to qualified immunity because a reasonable officer would have known that a warrant should not have issued based on the information he provided to the issuing court. The Eighth Circuit reversed, holding that it was not entirely unreasonable for defendant to believe that his affidavit established sufficient indicia of probable cause for the search and seizure of the items listed in the warrant. In this case, the affidavit provided probable cause to seize a deer, based on an anonymous tip and a recorded jailhouse call. Furthermore, the items described in the warrant were relevant to the criminal offense under investigation, as they directly related to the existence, capture, and maintaining of a pet deer. View "Kiesling v. Spurlock" on Justia Law
United States v. Hughes
Hughes guides hunting parties, charging $1,600 to $2,600 per person for accommodations, meals, hunting stands, field dressing, and carcass-cleaning facilities. To hunt buck in Iowa, a hunter must have a “tag.” Non-residents must enter a lottery. Hughes gave his non-resident clients tags belonging to others. After they killed a buck, Hughes falsely reported to the Iowa DNR that the tag owner had killed the buck. The bucks were transported out of state. Hughes was indicted under the Lacey Act, 16 U.S.C. 3371, which prohibits selling in interstate commerce any wildlife taken in violation of state law. The value of the wildlife determines whether the offense is a felony or a misdemeanor. The court instructed the jury: you may, but are not required to, consider, the price the wildlife would bring if sold on the open market between a willing buyer and seller; the price a hunter would pay for the opportunity to participate in a hunt for the wildlife; or Iowa’s valuation of the wildlife in state prosecutions where such wildlife is unlawfully taken. The jury found that the market value of the wildlife exceeded $350. The district court sentenced Hughes to three years’ probation, $7,000 in fines, and $1,802.50 in restitution. The Eighth Circuit reversed; the jury was not properly instructed as to the meaning of “market value.” View "United States v. Hughes" on Justia Law
United States v. Bertucci
Bertucci pleaded guilty to shooting and killing a bald eagle and a hawk, 16 U.S.C. 668(a), 703, and 707. Bertucci had a criminal history score of two; his offense level was 10, with a four-level enhancement under U.S.S.G. 2Q2.1(b)(3)(A)(ii) and 2B1.1(b)(1)(C) based on "loss" amounts for the birds that exceeded $10,000 but did not exceed $30,000 and a two-level enhancement under 2Q2.1(b)(1)(B) for a "pattern of similar violations" because Bertucci was convicted in 2009 for possession of bald eagle feathers. There were several paragraphs concerning previous assaults that Bertucci had allegedly committed. Bertucci argued that the court had adopted a $2,000 valuation for bald eagles in the 2009 prosecutions of him and his brother and that the allegations of assault were baseless. The court denied Bertucci's objections and sentenced him to eight months' imprisonment with a special condition of supervised release that required Bertucci to "successfully complete, and pay for any diagnostic evaluations and treatment or counseling programs for anger management." The court imposed a "financial obligation" on Bertucci: $5000.00 for the eagle and $1500.00 for the hawk. The Eighth Circuit vacated the sentence, stating that the court failed to establish the basis for requiring counseling; that the financial obligation constituted restitution; and that the valuation was not justified. View "United States v. Bertucci" on Justia Law
Duban, et al. v. Waverly Sales Co.
Plaintiffs Thomas and Martha Duban filed suit against Waverly, alleging negligence arising out of Martha's injuries she sustained when she was stepped on by a horse at the Waverly draft horse auction. At issue was whether, as a matter of law, the exception from the Iowa Code applies, such that Waverly cannot take advantage of the general immunity provided to domesticated animal activity sponsors. The court held that, because Waverly designated or intended the northeast alley as an area for persons who were not participants to be present, the exception from Iowa Code 673.2(4) applied to these facts as a matter of law, and Waverly was subject to liability for Martha's injuries. Accordingly, the court concluded that the motions for judgment as a matter of law were properly denied. View "Duban, et al. v. Waverly Sales Co." on Justia Law
Crawford v. Van Buren County, et al.
Plaintiff brought suit under 42 U.S.C. 1983 against officials who seized numerous dogs from a kennel she ran on her property. The district court granted summary judgment in favor of defendants on plaintiff's claims and plaintiff appealed. The court concluded that the district court properly granted summary judgment on plaintiff's claims against the county under Heck v. Humphrey where plaintiff did not allege that her 163 convictions for animal cruelty had been overturned and plaintiff conceded that several of her allegations underlying such claims were past the statue of limitations. As for the 2006 claims, plaintiff failed to dispute the district court's holding that she failed to exhaust her remedy under Arkansas Rule of Criminal Procedure 15.2. Plaintiff also failed to show an unconstitutional policy or custom was the moving force behind the violation of her rights. The court further held that the district court properly granted summary judgment on plaintiff's claims against the Humane Society defendants because no evidence supported plaintiff's conspiracy allegations. Accordingly, the court affirmed the judgment.