8121 – Pet Problems

If they go after your pets, you can go after them in court.  This case began when the City of Barceloneta, Puerto Rico, took control of three public housing complexes.  Although pets had been banned, nobody enforced the rules and pets were prevalent.  As soon as the City took over, the pet projects turned into pet peeves, and the tenants were notified that all pets had to be immediately surrendered.  A week later without any further notice, city employees and a private contractor showed up and “violently captured numerous cats and dogs,” in some cases taking them out of the arms of children.  The animals were then injected, slammed against the side of a van, and then thrown to their deaths off a 50-foot high bridge.  The tenants sued for compensatory and punitive damages and the mayor claimed immunity, but the Court refused to dismiss the case stating that pets are covered by the Fourth Amendment guaranty against unreasonable search and seizure.  So those who turned a pet policy into a pet cemetery will face dogged determination and possibly a catastrophic result.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

Maldenado v. Fontanes, First Circuit Court of Appeals, No. 08-2211, June 4, 2009, Lynch, J., U.S. Law Week, Vol. 77, No. 49, Pg. 1791, 6-23-09