Tag Archives: nonhuman rights

Update on Elephant Habeas Corpus Case

by John M. Simpson.

We recently reported on a case in which an animal rights group, the Nonhuman Rights Project,  sought habeas corpus relief for three Asian elephants maintained in a zoo in Connecticut.  The Connecticut Appellate Court affirmed the lower court’s judgment and ruled that the plaintiff had no standing  because the elephants themselves had no standing. Continue reading Update on Elephant Habeas Corpus Case

Connecticut Appellate Court Denies Habeas Relief for Elephants

by John M.  Simpson.

On August 20, 2019, a panel of the State of Connecticut Judicial Branch Appellate Court officially released a decision affirming the dismissal of an action that had been brought seeking habeas corpus relief for three elephants maintained at a zoo in Goshen, Connecticut.  Nonhuman Rights Project, Inc. v. R. W. Commerford and Sons, Inc., No. AC 41464 (Conn. App.  Aug. 20, 2019).  The petitioner Nonhuman Rights Project sought to represent the elephants as their “next friend” seeking to vindicate what was described as the animals’ “common-law right to bodily liberty.”  The lower court dismissed the case on the grounds that petitioner lacked standing and, alternatively, that the petition was “wholly frivolous.”  Continue reading Connecticut Appellate Court Denies Habeas Relief for Elephants

9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA

by John M. Simpson.

Yesterday, in Animal Legal Defense Fund v. U.S. Department of Agriculture, et al., ___ F.3d ___, No. 18-16327 (9th Cir. Aug. 12, 2019), the U. S. Court of Appeals for the Ninth Circuit affirmed a summary judgment of the Northern District Court of California holding that a Bengal tiger is not an “individual” within the meaning of the Freedom of Information Act (FOIA).   The case had been brought by the Animal Legal Defense Fund (ALDF) after the U.S. Department of Agriculture (USDA) denied ALDF’s request for expedited treatment of its FOIA request for records concerning an inspection request regarding a tiger named “Tony.”     Continue reading 9th Circuit Rejects Animal Rights Organization’s Claim That a Bengal Tiger is an “Individual” Under FOIA

Court Denies Habeas Petition Filed on Behalf of Elephants

By John M. Simpson

A Connecticut Superior Court Judge recently issued an opinion further elaborating on his prior decision to deny a petition for a writ of habeas corpus filed on behalf of three elephants (two Asian and one African) owned by a zoo in Connecticut.  Nonhuman Rights Project, Inc. ex rel. Beulah, Minnie and Karen v. R.W. Commerford & Sons, Inc., No. LLICV175009822S, 2018 WL 3014069 (Conn. Super Ct. May 23, 2018).  The action had been brought on behalf of the elephants “Beulah,” “Minnie” and “Karen” by the Nonhuman Rights Project (NHRP), arguing that the animals possessed emotional, social and intellectual attributes sufficient for common law personhood and for the common law right to the bodily liberty protected by the writ.  The May 23 decision expanded upon the reasons why the court previously had found the habeas petition to be “wholly frivolous on its face.” Continue reading Court Denies Habeas Petition Filed on Behalf of Elephants