Newspaper article Evansville Courier & Press (2007-Current)

Appeals Court Won't Rule on Gun Lawsuit ; Mesker Park Zoo Dispute Likely Headed to Trial

Newspaper article Evansville Courier & Press (2007-Current)

Appeals Court Won't Rule on Gun Lawsuit ; Mesker Park Zoo Dispute Likely Headed to Trial

Article excerpt

The Indiana Court of Appeals has declined to weigh in early on the merits of a lawsuit filed against the city of Evansville by a man whose openly wearing a pistol led to his removal by police from Mesker Park Zoo. Superior Court Judge Carl Heldt had paused the lawsuit filed against the city in 2011 by Benjamin Magenheimer while the city appealed Heldt's refusal to dismiss the case and sought clarification on several points of law.

City attorneys had asked the justices to overrule Heldt's denial of a summary judgment to the city as well as to answer questions such as whether the parks department could be sued separate from the city and whether the city is protected by immunity from being sued.

The appeals court, though, earlier this week declined to hear the city's appeal.

That sets up a continuation of the litigation with Heldt setting a scheduling conference for March 18.

Magenheimer sued the city and the parks department after the September 2011 incident at the zoo. …

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