Indiana Court of Appeals court rules in South Bend Police tapes case
The Indiana Court of Appeals issued a ruling in the lawsuit between the South Bend City Administration, Council and former officers regarding recordings of phone lines at the police department in 2011.
The Original Intervenors: Brian Young, Sandy Young, Tim Corbett, Dave Wells, Steve Richmond, Sheldon Scott, James Taylor and Scott Hanley filed an appeal of a May 2021 ruling. That ruling dismissed the Original Intervenors from the case, finding their claims had all been settled.
The appeals court disagreed with the lower court. It found that although the Original Intervenors had a settlement agreement, that agreement did not cover future attempts at preventing the tapes from being released. The appeals court reversed the decision regarding the Original Intervenors and remanded for further proceedings.
The New Intervenors: Sheldon Scott, James Taylor and Scott Hanley, argued in their appeal of the May 2021 ruling, they should not have been dismissed as defendants because they have a stake in the whether the recordings should be released or not. The appeals court disagreed with the lower court decision and reversed the decision and remanded for further proceedings.
The justices state the New Intervenors challenged the legality of all of the tapes, some which they may have been party to, and thus should be able to continue in the case.
The final part of the decision states there has been no legal determination as to whether any or all of the recordings violated either state or federal wiretap laws. The court says this answer must be determined in order for the case to be finally resolved.
It says a factual record must be created that shows what Karen DePaepe, Darryl Boykins and others in the police department knew about the recording of Young's phone line and when they knew it.