The South Bend Common Council wants a federal court to dismiss the lawsuit filed by the city to get a ruling on whether tapes of recorded phone conversations can be released.
The city asked a federal judge in September to allow them to release tapes made within the South Bend Police Department. The common council wants a decision to be made by a local court. The mayorsays federal law prohibits him from releasing, or even listening to, the tapes.
The 12-page memorandum filed on Wednesday says the federal court lacks "subject matter jurisdiction" to rule on the release of the tapes.
This is one of three lawsuits involving the recordings going on right now. Several officers are suing, saying that they their rights were violated because of the recordings. Former South Bend police chief Darryl Boykins has filed an official
discrimination complaint with the South Bend Human Rights Commission.
