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…
Companion Animal
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…
Help! I have to rehome my pet.
Most households in the United States have pets. Unfortunately, large numbers of these animals end up suffering because circumstances prevent many animal guardians from carrying out their responsibilities. Lost, surrendered, abandoned, or given away, many pets end up in places where they are abused, neglected, or euthanized because their guardians could no longer care for…
Help! My Partner Took Fluffy!
For many Americans, pets are considered part of the family. However, courts still consider pets to be property rather than family members. For unmarried couples looking to adopt a pet, the best advice is to hope for the best but plan for the worst. We previously discussed the situation of Jack and Jill, an unmarried…
Can We Co-Parent Fluffy?
Deciding to adopt a pet together is an exciting time for a couple. Adding a new family member, however, can create uncertainty in unmarried couples. In the Fluffy series, we discuss the questions that pet parents might face before getting married. Co-parenting a pet is common. And while no one wants to expect to break…
Who Gets Fluffy When We Break Up?
It happened. Jack and Jill have split up. The odds were never in their favor when even the divorce rate is 50%, so there was always reason for them to prepare for the worst. They had considered an agreement when they adopted to determine what happened to their precious dog Fluffy in the event of…
Can I Leave Money to My Dog?
A reasonable concern that many people and families now have is, can I leave money to my animal so that after I die they are taken care of? Not so long ago this would have seemed an odd idea and is sometimes still the butt of a joke making fun of widowed, old, rich women…