Courier & Press,
December 4, 2017-
The Indiana Supreme Court’s refusal to take up the city of Evansville’s bid at tossing out a gun owner’s lawsuit means the six-year-old case might finally go to trial or mediation. The Supreme Court last week declined, for a second time, a petition by the city to accept jurisdiction of its an appeal arguing gun owner Benjamin Magenheimer did not properly file a lawsuit claiming his rights were violated.
Magenheimer was removed from Mesker Park Zoo while openly wearing a handgun in September 2011. He filed a lawsuit against the city the same month claiming his removal violated a newly enacted state law barring local governments from regulating guns. This is the second time Evansville has been turned down by the state Supreme Court after also losing motions for summary judgment and appeals to the Indiana Court of Appeals. A new trial date will likely be set now, said Guy Relford, who is Magenheimer’s attorney.