Nonhuman Rights Project, Inc. v. Cheyenne Mountain Zoological Society.
2025 CO 3. No. 24SA21. Habeas Corpus—Standing.
January 21, 2025
In this direct appeal of the dismissal of a habeas corpus proceeding, the supreme court considered whether the liberty interests protected by the great writ of habeas corpus extend to nonhuman animals. Nonhuman Rights Project, Inc. contended that the district court erred in dismissing its habeas petition because the five elephants that are the subject of the petition, Missy, Kimba, Lucky, LouLou, and Jambo, lacked standing to seek relief via the great writ.
The court concluded that the district court correctly held that Colorado’s habeas statute, CRS § 13-45-102, only applies to persons, and not to nonhuman animals, no matter how cognitively, psychologically, or socially sophisticated they may be. Accordingly, the court affirmed the judgment of the district court.