Evansville Sued for Violating Gun Owner's Rights

[Timjoebillybob]

Any idea of when we might hear from the Ct. of Appeals? Whether they accept or decline, and if they accept when a decision will be issued?

 

[GuyRelford]

The Court of Appeals has denied the City of Evansville's Petition for Rehearing.

Guy

 

[T.Lex]

The Court of Appeals has denied the City of Evansville's Petition for Rehearing.

Guy

Any footnotes directed at your pop culture reference?

 

[GuyRelford]

Any footnotes directed at your pop culture reference?

https://publicaccess.courts.in.gov/docket/Search/Detail?casenumber=82A05-1610-PL-02350

 

[MarkC]

Any footnotes directed at your pop culture reference?

https://publicaccess.courts.in.gov/docket/Search/Detail?casenumber=82A05-1610-PL-02350

Well, so I guess NOT.

 

[Clay]

Ok, so now what?

 

[T.Lex]

Ok, so now what?

Insurance carrier takes another look at the reserve for this case.

Renewed settlement negotiations.

Trial prep.

Not necessarily in that order. But mostly in that order.

 

[rhino]

Why didn't they just admit they were wrong and apologize right away?

 

[actaeon277]

Makes me wonder if someone's getting a kickback for lawyer fees.

 

[HoughMade]

Insurance carrier takes another look at the reserve for this case.

Renewed settlement negotiations.

Trial prep.

Not necessarily in that order. But mostly in that order.

Pffft. This is when they petition for transfer. You are so optimistic.

 

[JAL]

Why didn't they just admit they were wrong and apologize right away?

While I wish government officials would have the gonads to admit when they or their agency (via their employees) were "wrong" and they're going to make it "right" it's never going to happen. The law firms representing them would become apoplectic, filing "Motions for Leave to Withdraw Appearance" (attorney motion to the court to let them fire their client) for client acts making it difficult or impossible to represent them well, and the insurance carriers (if they're not self-insured) would find anything they can to drop them. (I admit that might be an exaggeration, but you should get the point.)

Attorneys that are city or county employees can resign. One did that in the city where I was living long ago because the mayor insisted on continuing litigation in which they could not possibly prevail. It was for purely political reasons pandering to his core constituency. It emerged later this was contrary to advice from that counsel to quit flailing, cut their losses, and settle and he resigned in frustration. The Titanic was sinking and they wanted the attorney to sing "Nearer, My God, To Thee" while it went down, as if it could invoke Divine Intervention for a Miracle.​

It's all about $$$$$ and doing everything conceivable to eliminate or limit the monetary liability. It will take a judge(s) or a jury to tell them they were "wrong" and "committed wrongdoing" and even then they'll still never admit it, sniveling that it's an egregious travesty of justice all the way down the hallway from the courtroom, and down the courthouse steps, into the parking lot, so long as there's a single person from the press to listen. If there's any avenue of filing a motion to correct error, a motion for relief from judgment, a motion for reconsideration, or an appeal, you'll also hear them state they "we are appealing" said egregious travesty.

As HoughMade already stated: "petition to transfer" (to Indiana Supreme Court). That was my first thought. This is the city that badly botched an unquestionably excessive SWAT team raid on the home of a 68 year old woman and 18 year old granddaughter (??), playing to TV camera crews, using grenades and breaking down a clearly open door, when they knew well beforehand the perpetrator lived two doors down and had not been in or near the home they raided for years. They took the lawsuit that ensued to the U.S. Supreme Court, which refused to grant their Petition for a Writ of Certiorari (this is how a lower court decision is appealed to the SCOTUS). I fully expect that's where this one will end up on some issue eventually.

The terseness of the Appellate Court denial was deafening.

John

 

[PRasko]

Its still not their money. The government has no money. They are wasting money that they stole from the hard working people of Evansville. If the insurance goes up, so will the taxes.

YOU, Sir, GET IT !!!!!

And when tax payers are tired of their officials idiocy with screwing them out of money, they'll get voted out of office.

If not, then boo hoo.

 

[GuyRelford]

 

[Rookie]

Now what?

 

[actaeon277]

It's going before Indiana Supreme Court??

 

[churchmouse]

So, not being a Lawyer and did not stay at a Holiday inn recently is this good or bad.

 

[KellyinAvon]

It's going before Indiana Supreme Court??

Or is it not going before the Indiana Supreme Court??

 

[WebHobbit]

I have similar questions!

 

[GuyRelford]

The Indiana Supreme Court has denied Evansville's attempt to overturn the Court of Appeals' denial of Evansville's motion to dismiss the case (motion for summary judgment), which should finally allow the case to proceed to trial.

 

[actaeon277]

OOps.

guy answered our question