Habeas Corpus

In Matter of Nonhuman Rights Project, Inc. v. Breheny, 2022 NY Slip Op 03859 (N.Y. Ct. App. June 14, 2022), the New York Court of Appeals affirmed a lower court’s determination that the writ of habeas corpus is unavailable where the liberty interest at issue is not that of a “human being,” but rather of an…

Read More [Un]Happy Result: Elephants, as Nonhuman Beings, May Not Invoke Habeas Corpus
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In a recently-filed lawsuit, captioned Piatek v. The Happiest Hour and Jon Neidich (NY Sup. Ct., NY Cty., Index 152578/2017, filed 3/17/17), plaintiff alleges that he (while wearing a hat bearing the Donald Trump slogan “Make America Great Again”) “was unlawfully ridiculed, discriminated against and ejected from The Happiest Hour on account of his creed,…

Read More Lawsuit Alleges Public Accommodation Discrimination Against Bar by Trump Hat-Wearing Patron
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An upstate appellate court recently held – despite contrary suggestions in popular culture – that chimpanzees are not “persons” (at least not in the legal sense). In People ex rel. Nonhuman Rights Project, Inc. v. Lavery, the court affirmed the dismissal of a habeas corpus proceeding to secure the release of a chimpanzee named Tommy. Specifically, it addressed…

Read More Court Explains Why Chimpanzees Aren’t “Persons” For Purposes of New York’s Habeas Corpus Statute
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