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…
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…
Help! My dog has been impounded!
Just as there are police officers for humans, there are animal control officers for animals. Animal control officers can impound and destroy dogs and other animals if they are not kept according to the law. Violations of leash laws, species restrictions, breed bans, and loose animals are just some of the ways in which owners…
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…
Can I Bring My Peacock On An Airplane?
Assistance animals have been making headlines recently, leading to tension and misunderstanding between those people who have service animals and the general public. This misunderstanding isn’t helped by people who use animals to pull publicity stunts as was the case with the attempt to bring a peacock on a United flight earlier this year. Whether…