OWENS v. DOWNEY et al
| DANIEL W OWENS |
| BRIEANNA BEAVER, CHARLES E BEAVER, CHARLES W BEAVER, SHELLY BEAVER, ROBERT J. DOWNEY, BRIAN K GABEHART, MORGAN COUNTY INDIANA, MORGAN COUNTY SHERIFF'S DEPARTMENT and NORMAN VOYLES |
| 1:2015cv00776 |
| May 15, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
109
ENTRY - This matter is before the Court on Plaintiff Daniel Owens's Motion to Amend Judgment. [Filing No. 103 .] Mr. Owens filed this lawsuit alleging constitutional and state law claims after he was tried for and acquitted of criminal tresp ass. [See Filing No. 33 .] On May 26, 2017, the Court granted summary judgment for Sheriff Robert Downey and Deputy Brian Gabehart (collectively, the "Government Defendants") on Mr. Owens's constitutional claims and denied the Beav er Defendants' motion for summary judgment on Mr. Owens's state law claims. [Filing No. 93 .] On August 3, 2017, the Court sua sponte reconsidered its decision to retain supplemental jurisdiction over Mr. Owens's state law claims a gainst the Beaver Defendants, dismissed those claims without prejudice, [Filing No. 101 ], and entered final judgment in favor of the Government Defendants, [Filing No. 102 ]. On August 31, 2017, Mr. Owens filed his Motion to Amend, arguing that the Court's grant of summary judgment for the Government Defendants was in error. [Filing No. 103 .] For the reasons contained in this Entry, the Court DENIES Mr. Owens's Motion. Mr. Owens's Motion to Amend Judgment seeks to rehas h previously rejected arguments and to raise new arguments that should have been raised on summary judgment. These are not appropriate bases for relief under Rule 59(e). The Court therefore DENIES Mr. Owens's Motion. [Filing No. 103 .] See Entry. Signed by Judge Jane Magnus-Stinson on 10/30/2017. (APD)
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Filing
47
ENTRY ON DEFENDANTS' MOTIONS TO DISMISS. Presently pending before the Court are: (1) a Motion to Dismiss filed by Defendants Sheriff Robert J. Downey ("Sheriff Downey"), in his individual capacity, Deputy Brian K. Gabehart ("De puty Gabehart"), in his individual capacity, and the Morgan County Sheriff's Department (collectively the "Morgan County Defendants"), [Filing No. 37]; and (2) a Motion to Dismiss filed by Defendants Charles E. Beaver ("Ch arlie"), Shelly Beaver, Charles W. Beaver ("Chuck"), and Brieanna Beaver (collectively the "Beaver Defendants"), [Filing No. 42]. For simplicity, at times the Court will refer to the moving parties collectively as "Defendants" for purposes of this motion. For the reasons detailed herein, the Court GRANTS in part and DENIES in part Defendants' Motions to Dismiss. SEE ENTRY. Signed by Judge Jane Magnus-Stinson on 12/15/2015. (BGT)
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