HomeMy WebLinkAbout01-16-13 All Litigation Continuing Over Police Tapes NEWS RELEASE
Date: Wednesday, January 16, 2013
From: E. Spencer Walton, Jr., Esquire Contact: 243-4100
Council Vice-President Oliver J. Davys j� � Contact: 876-6938
Council President Derek D. Dieter c 1, ontact: 532-2200
"All Litigation Continuing Over Police Tapes"
In October, the South Bend Common Council, through its legal counsel, filed a Motion to
Dismiss the City Administration's lawsuit which the Administration had filed against the City
Council on August 30, 2012 in federal court. Such action was taken in the hope that in light of
other pending lawsuits, that it would be preferable to have one primary venue.
The U.S. District Judge for the Northern District of Indiana, Hammond Division, issued his
opinion this week, which notes that that Court will continue to have subject matter jurisdiction.
Therefore this action will continue and will focus on determining the rights of all parties.
It is interesting to note that this opinion specifically noted that:
"...The Plaintiff does not contest the validity of the Common Council's subpoena
power or its statutory authority", f P. 2]
The Council's only goal is determine if the tapes were legally recorded. It has no direct
involvement with the lawsuit brought by the police officers and other plaintiffs. Once the Court
rules on the issue of the legality of the recordings, the issue will be referred to the current City
Administration to act accordingly.