Dangerous Dog Law
- Published on 07 July 2011
Marion County Passes "Ulu's Law"
Marion County Passes New Dangerous Dog Law
On July 5, Marion County Commissioner's passed a new dangerous dog law, a copy of which can be read in its entirely here. The new provisions regarding the Dangerous Dog section of the ordinance, addressed almost all the issues that we were litigating in Ulu's case from the very beginning, over a year ago. I will always think of the new Marion County Ordinance as "Ulu's Law." The end result is that Marion County is now a much better place for dogs and their owners to live.
The litigation started with getting Ulu home via a Writ of Replevin, and sucessful Motions for Summary Judgment on the dangerous dog definition and the notice issue. As a result of the case, the county attorney, in writing the new law, changed in a fundamental way the manner in which dangerous dog cases are handlend. The significant changes are:
- Published on 22 March 2011
Orlando Animal Control at your Door to Impound your Dog—Is Refusal to Give the Dog to Animal Control a Crime? Identification and Photo Line Up Issues
We'll get to the case in minute. My thoughts on "What To Do When Animal Control Comes Knocking," have been similar to the instructions written by attorney George Eigenhauser in an article with the same name, which can be read in its entirety here. I encourage you to read it.
- Published on 06 February 2011
Haggblom v. City of Dillingham
Provocation Considered in the Dangerous Dog Context
Concurring Opinion Highlights Provocation Issues
Haggblom's dog bit a co-worker when she tried to open a gate to her work area. The dog was found to be vicious since it had bitten without provocation and was to be euthanized under Dillingham's dangerous dog ordinance. Haggblom appealed, arguing the ordinance was vague, since there was no definition of provocation, and other procedural grounds.
The dog's classification was affirmed on appeal, because the facts were clear and there was not much to argue with respect to provocation and the bite itself. However, the concurring opinion does a wonderful job of discussing the problems with the ordinance, including the issue of provocation.
- Published on 27 October 2010
Florida's "Stand Your Ground Law" Results in Unjustified Shootings of People too
Epic And Samson
Florida's Stand Your Ground Law is one of the main reasons that the shooter of Epic and Samson escaped prosecution. It has also resulted in some questionable shootings of people too. The St. Petersburg Times published an interesting article showing that "justifiable homicide" claims have gone up in the last five years since its enactment. The full article can be read here. This is a must read article for anyone who wants to see how the law has affected the use of deadly force across the state.