USA: due-process and animal confiscations - Case + Law

leashedForLife · #1 (**permalink**) 05-12-2009, 08:30 PM

Congress.org - : Dog Owner “due process” is not contained in current Animal Law

EXCERPT -

Quote:

Due process includes more than just going through the motions of a hearing. In fact, even after hearings have been granted, decisions can be challenged as a prejudicial abuse of discretion that is not based on findings of fact or law. = (snip) =
In this case, owners should file a Petition for a Writ of Mandamus, a judicial remedy issued by a superior court to compel a government officer to do or forbear from doing a specific act, to delay the euthanasia order until the appeal can be heard.
This writ of mandamus applies in any situation in which the euthanasia should be stayed, including scenarios in which an original hearing was never given.

leashedForLife · #2 (**permalink**) 11-12-2009, 01:11 PM

bump.......................

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