Nonhuman Rights Project, Inc., Petitioner-Appellant: v. Cheyenne Mountain Zoological Society and Bob Chastain…

Summary

The court affirmed dismissal of the habeas petition filed on behalf of five elephants because Colorado's habeas statute limits relief to persons, a term that does not include nonhuman animals. Because the elephants lacked standing, the district court lacked subject matter jurisdiction and properly dismissed the petition without deciding whether the allegations established unlawful confinement. The court held that expanding habeas protection to nonhuman animals is a matter for the legislature, not the judiciary.