City of South Bend v. South Bend Common Council, No. 15-3385 (7th Cir. 2017)Annotate this Case
South Bend’s Police Department records some of the desk phones supplied to officers. Bishop’s phone was added to those being recorded, at his request. In 2010, Richmond took Bishop’s former office. Richmond kept his phone number, so the Line was switched to a vacant office. Young then moved to that office, not knowing that the phone was recorded. In 2011 the recording system crashed. While listening to recordings to make sure that restoration had been done correctly, DaPaepe heard Young say things that she thought inappropriate. DaPaepe gave Chief Boykins tapes of calls. Boykins used the information to make threats. Federal and state investigations ended without charges. Boykins was demoted. The City’s Common Council demanded the tapes, issued a subpoena to the city’s executives, and sought state court enforcement. The city, believing that releasing the tapes would violate wiretap statutes, 18 U.S.C. 2510–22, sought a declaratory judgment. The district court ruled that it had subject-matter jurisdiction although the Declaratory Judgment Act, 28 U.S.C. 2201, normally cannot be used to present a federal defense to state litigation. Before the Common Council moved to dismiss, five individual defendants in the city’s suit had become plaintiffs, seeking damages based on federal statutes. The Seventh Circuit vacated the district court's holding without addressing the merits, noting that the suit began as a claim by the city's executive branch against the legislative branch, that the damages issues have settled, and that the issue of the Council’s access to the tapes is in state court.