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SUSS v. AM. SOC. FOR PREV. OF CRUELTY TO ANIMALS

No. 92 CIV. 2275 (VLB).

823 F.Supp. 181 (1993)

Malcolm SUSS, Plaintiff, v. AMERICAN SOCIETY FOR the PREVENTION OF CRUELTY TO ANIMALS, ASPCA Officer Ramon, ASPCA Officer McDonald, and the City of New York, Defendants.

United States District Court, S.D. New York.

May 31, 1993.

Attorney(s) appearing for the Case

Arnold S. Kronick, Lehrman Kronick & Lehrman, White Plains, NY, for plaintiff.

John P. Woods, Asst. Corp. Counsel, New York City, for municipal defendants.

Brian J. Powers, Caulfield, Galvin, Heller, Harris & Colligan, New York City, for ASPCA defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case, brought under the Fourth Amendment, involves the need to reconcile human rights with the obligation to protect other species from harm caused by human activity. It also presents the question of whether exercise of sovereign powers of compulsion may be delegated to private entities.1

After the discovery that a cat was trapped between closely...

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