South Bend officers sue over recorded phone calls

SOUTH BEND, Ind. (WLFI) - High-ranking South Bend police officers have filed a federal lawsuit over the department's recording of officers' phone calls — a practice that prompted a federal investigation and led to the police chief's resignation.

The lawsuit accuses former police chief Darryl Boykins of purposely recording the phone line of former detective bureau chief Steve Richmond. It alleges the recordings were made to determine whether Boykins' division chiefs were personally loyal to him and to punish anyone who might seek his job as chief.

The South Bend Tribune reported the suit claims the officers' rights were violated under the Fourth Amendment and federal statutes against city officials who "surreptitiously intercepted their telephone calls."

The suit names the city of South Bend, Boykins, former 911 communications director Karen DePaepe and her attorney, Scott Duerring. It seeks all relief allowable by law, including compensatory and punitive damages, costs and attorney fees.

Duerring on Thursday called the lawsuit frivolous and said the defendants would be replying with a counterclaim against the plaintiffs seeking damages, including punitive damages and attorney's fees.

"The complaint is rife with factual inaccuracies and falsehoods that any reasonable investigation would have uncovered," he said.

Messages left Thursday seeking comment from the city's attorney and Boykins were not immediately returned.

The lawsuit alleges that in January, shortly after Richmond and St. Joseph County Metro Homicide Commander Tim Corbett met with Mayor Pete Buttigieg about the position of chief, Boykins berated Richmond and threatened to fire anyone he determined to be disloyal to him based on the contents of the recordings.

In addition to Richmond and Corbett, the plaintiffs include Capt. Brian Young and his wife, Sandy Young, and Metro Homicide Assistant Commander David Wells.

The recordings have been rumored to contain comments from officers making racist comments against Boykins, who is black, and possibly illegal comments. They have not been released to the public.

Attorney Daniel Pfeifer said Wednesday that the officers were vilified to the public.

"For several months the plaintiffs have not said anything at the advice of their attorneys," he said during a news conference. "They have become villains when in fact they are the victims. They've been the victims all along."

The suit contends it is well known that some of the department's lines are recorded, but that the officers believed individual lines, including their own, were private.

The lawsuit says the U.S. Attorney's Office — which was contacted by the officers after they learned their conversations were being taped — informed Buttigieg that unless Boykins resigned as chief, he would be criminally prosecuted.

Boykins allegedly told several officers that the recorded conversations captured the plaintiffs making racial slurs about him, which was reported in the media.

Boykins resigned March 31, and DePaepe was fired a short time later.

A federal prosecutor said in May that an investigation into the department's phone recording practices was completed and that no charges were warranted in the case.