NEW ALBANY, Ind. (Legal Newsline) - An Indiana county wants out of a wrongful death lawsuit that alleges deputy sheriffs were wrong to shoot Joshua Ebinger, even though they were cleared of any wrongdoing.
Ripley County Commissioners filed a motion to dismiss Dec. 8 in New Albany federal court, arguing state law provides that every sheriff acts independently of their county.
"Neither the county nor the commissioners of that county have any control over the decisions of the sheriff or the sheriff's deputies as to how calls are handled, interaction with the public, or actions/inactions of the sheriff's department," the motion says.
"As a result, Ripley County is not a proper party to this case and should be dismissed.
According to the plaintiff's complaint, officers responded to a 911 call on Oct. 10, 2021, at a location where Joshua Ebinger was located. The plaintiff claims Ebinger was asked to come outside and when he did not come out within a matter of minutes, he was shot by two of the defendant officers 11 times.
The plaintiff further claims that the defendants failed to render medical aid to Ebinger and that his body was left on the ground for hours until he was released to the Hamilton County Corner's office. The plaintiff alleges that after Ebinger's death, his blood alcohol levels were over the legal limit for driving.
A Ripley County prosecutor found the shooting was justified, as Ebinger had pointed a gun at them.
The plaintiff is represented by Bethanni Forbush-Moss of The Law Offices of Forbush-Moss PSC in Louisville, Ky.