The battle over telephone recordings at the South Bend police department will be played out in U.S. District Court.
Judge Joseph Van Bokkelen yesterday denied a motion that the federal case be dismissed.
That motion was filed by the South Bend Common Council.
The council used its powers under state law to subpoena the tapes from the city administration; the council argued that the city was impermissibly using the federal courts to fend off the subpoena.
The judge disagreed, saying that the South Bend police officers who were allegedly subject to the unlawful recording practices have sued the city in federal court…for violating federal wiretapping laws.
