This article was first published in the Colorado Lawyer Magazine in the October 2020 edition, written by Jeremy McKay. This article discusses criminal defense issues related to charges involving banned animal breeds. A client calls your firm looking for a defense attorney. The client has been charged with several serious misdemeanors and was told that…
Animal Socioequality
How does qualified immunity impact animals?
Colorado is the first, and the only state, to enact a state analog to Section 1983, allowing a person to sue in state court when their civil rights, as set forth in the Colorado Constitution, have been violated by state actors and specifically disclaiming that “qualified immunity is not a defense to liability.” [i] However,…
Inequality Among Americans and Animals
This post is written while America burns; not its cities or its businesses, but the fabric and principles of its founding – across the nation, and indeed across the world, protesters flood the streets and advocate online against police violence in the wake of the murder of George Floyd, all the while police fire on…
The Importance of Plea Negotiation in Animal Cases
Let’s say you find yourself with a citation for an animal violation, perhaps a dog bite or your dog was running loose in the neighborhood, and you are called to a court hearing for your arraignment. While you wait your turn to speak before the judge, the prosecutor approaches you with a plea agreement that…
Help! My dog is a banned pit bull!
Breed bans are an unfair system of city and county ordinances that target social prejudices. These local government bans usually are not listed rental agreements or on home sale documents, and owners frequently are surprised by the sudden impoundment of their dogs as banned breeds. Furthermore, it is difficult to accurately identify a dog accused…