From our private database of 35,600+ case briefs...
Hoctor v. United States Department of Agriculture
United States Court of Appeals for the Seventh Circuit
82 F.3d 165 (7th Cir. 1996)
The Animal Welfare Act of 1966 (Act) was designed to assure the humane treatment of animals. The Act authorizes the Secretary of Agriculture to promulgate rules and regulations as necessary to effectuate the purposes of the Act. The Act specifically requires the Department of Agriculture to formulate standards for the handling, care, treatment and transportation of animals. 7 U.S.C. § 2143(a). Pursuant to the Act, the Department of Agriculture employed the notice and comment procedure to promulgate a regulation, entitled “structural strength”, that provides that the “facility [housing the animals] must be of such material and of such strength as appropriate for the animals involved. The indoor and outdoor housing facilities shall be structurally sound and shall be maintained in good repair to protect the animals from injury and to contain the animals.” 9 C.F.R. § 3.125(a). Patrick Hoctor (plaintiff) was a dealing in big cats, including lions, tigers, cougars, and leopards. In 1982, Hoctor housed these animals in an enclosure with a six-foot perimeter fence. The next year, the Department issued an internal memorandum to its inspectors requiring perimeter fences for big cats be eight feet high pursuant to the “structural strength” rule. Hoctor was cited for his violation of this rule. Hoctor brought suit challenging the validity of the eight-foot rule.
Rule of Law
Holding and Reasoning (Posner, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 618,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.