Attorneys for the eight current and former Bartholomew County employees being sued in a federal civil obstruction of justice lawsuit about the death of Cary Owsley have filed a motion to dismiss the lawsuit.
The lawsuit, now in amended form, has been pending in the U.S. District Court for the Southern District of Indiana since April 7, 2015, the two-year anniversary of Cary Owsley’s shooting death at his Zephyr Village home outside of Columbus. Then-Bartholomew County Coroner Larry Fisher, one of the defendants, ruled that his death was a suicide.
In their motion to dismiss the case, filed May 18 in the federal court, the defendants allege Cary Owsley’s son, Logan Owsley, has no legal standing to assert any claims relating to his father’s death, based on recent state court rulings including the Indiana Supreme Court. It also claims qualified immunity in the motion, stating the defendants did not violate Cary Owsley’s clearly established rights.
They also allege the court lacks subject matter jurisdiction over Logan Owsley’s claims because the amended complaint fails to state a claim for which relief can be granted. Bartholomew Circuit Court has already determined there were no claims related to Cary Owsley’s death to be pursued, according to the motion to dismiss.
In addition to the motion to dismiss, the defendants are also seeking to continue a stay on any “discovery” in the case while the motion to dismiss the case is pending.
The case had been on hold in federal court while the state courts ruled on whether Logan Owsley retained “standing” in his father’s case after Cary Owsley’s probate case was closed in Bartholomew Circuit Court in 2016 by a special judge.
Trent McCain, one of Logan Owsley’s attorneys, said the motion to dismiss was filed as expected and a response is being prepared to oppose the motion. McCain said attorneys will ask for an additional 14 days to respond to the motion.
For more on this story, see Thursday’s Republic.
