About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 ALDF Update 1 (2005)

handle is hein.animal/aldfup0009 and id is 1 raw text is: AiLupdate Volume IX Number I Spring / Summer 2005 In This Issue Page In This Issue Page Special Announcement 1 Companion Animals 2-5 Consumer Cases 5-7 Wildlife 7 SPECIAL ANNOUNCEMENT In the News 7 ALDF-Supported Projects 8 Editor's Note 8 Note: Attorneys may contact ALDF to obtain referenced pleadings files (PF ALDF WINS CIVIL CRUELTY CASE AGAINST NORTH CAROLINA PUPPY MILL Judge grants ALDF custody of over 300 abused dogs ALDF, led by attorney Bruce Wagman, took action against the owners of a backyard breeding/hoarding operation in North Carolina where hundreds of dogs were confined in cramped, filthy quarters. ALDF sued Barbara and Robert Woodley using a unique North Carolina statute (19-A) that allows private parties to seek civil remedies for the protection and humane treatment of animals. Under 19(A), plaintiffs need not have ownership or possessory interest in the animals to seek injunctive relief and termination of the rights of abusive owners and this remedy is available in addition to criminal cruelty prosecution. On April 12, 2005, a state court judge issued a Permanent Injunction granting ALDF custody of over 300 dogs and several birds. The court's Findings of Fact essentially adopted evidence presented by ALDF, including testimony by veterinarians, animal control and humane organizations. The court concluded that defendants violated the statute with multiple acts of cruelty, and that ALDF was a person with standing under the law. Noting testimony from a veterinary school professor that animals and humans react similarly to pain and suffering, the court found defendants had caused the animals unjustifiable physical pain and suffering including: exposure to high levels of ammonia; untreated and neglected ocular and dental disease; and failure to provide adequate food and water. As a result, many dogs had to be euthanized. The judge issued a Temporary Restraining Order Granting Care and Custody to ALDF until the appeal period ends. However, he denied ALDF's request for damages from defendants. Evidence obtained by ALDF also allowed local prosecutors to bring criminal charges against the Woodleys who were convicted of eight counts of animal cruelty. Barbara Woodley was also convicted of two additional charges of animal cruelty. (ALDF v. Woodley, Lee Co., NC General Ct. of Justice, District Division 04 CVD 1248, Permanent Injunction 4/12/05; PF 212.20) Attorneys Bruce Wagman, Woody Webb, Woody Webb, Jr. A NEWSLETTER FOR ATTORNEY MEMBERS OF THE ANIMAL LEGAL DEFENSE FUND 170 East Cotati Avenue • Cotati, California 94931 • (707) 795-2533 • www.aldf org

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most