Hearing set

A hearing has been set on a motion to dismiss a lawsuit against two Portland police officers.

Special Judge Douglas Mawhorr issued a notice Friday scheduling a hearing for 1:30 p.m. Tuesday, Jan. 6, on a motion to dismiss Portland clerk-treasurer Lori Phillips’ lawsuit against Portland Police Chief Dustin Mock and investigator Jeff Hopkins.

The suit also named The City of Portland and Portland Police Department.

Late last month, Mawhorr granted a motion to dismiss the suit against the police department. In his ruling, he wrote, “the claims asserted against the City of Portland, Indiana, Dustin Mock and Jeff Hopkins remain pending at this point.”

The case is one of several ongoing disputes among Portland city officials, with eight tort claims filed against the city in the last two years. None of the others have advanced to the level of a lawsuit thus far.

Phillips’ lawsuit, filed in July following her tort claim in April, alleges that she has been the focus of “torment, harassment and defamation” by the police department. Among her accusations are that Mock and Hopkins have threatened her; the police chief has made disparaging or defamatory statements against her; and that Mock and Hopkins reviewed and distributed video footage of Phillips exercising in the city’s exercise room that included her private telephone conversations.

Attorney Katlyn M. Christman of Clark Johnson & Knight, Merrillville, filed a motion in September to dismiss the suit against the police department, Mock and Hopkins, arguing that they cannot be sued. She referenced Indiana Code, saying a county, municipality or township may be sued, asserting that the police department does not qualify, and that “a plaintiff is barred from suing employees who were acting within the scope of their employment at the time the alleged loss was sustained.”

Attorney Clayton Lengerich of Miller Burry & Brown, Decatur, consented to the police department being removed from the suit, but argued that the claims against Mock and Hopkins should remain. He wrote that the allegations against them stretch beyond their duties as officers.

“The Complaint alleges specific conduct that, if proven, falls outside the scope of employment and/or was committed with malice, willfulness, wantonness, or recklessness, thereby invoking the statutory exceptions to immunity under Indiana law,” he wrote.

The other active claims against the city are as follows:

•Mock and Hopkins — Against the city, Phillips, her office and council members Ron May, Mike Aker and Dave Golden, alleging a range of complaints including false allegations by Phillips, ethical violations by Wes Schemenaur in his role as city attorney and ongoing bias from council members.

•Brad Clayton, former Portland wastewater department employee — Against the city, alleging that he was berated by wastewater department superintendent Brad Dues and that city officials, including the mayor, spread disinformation about him.

•Kyle Denney, former Portland police officer — Against the city, Mayor Jeff Westlake, Jay County Probation Office and probation office employee Ashley Reynolds, alleging that statements were made against him including allegations of misconduct.

•Patrick Long, former Portland police officer — Against the city, Portland Police Department, Mock and Hopkins, alleging attempts at coercion and threats regarding a state police investigation, disregarding department policy and interfering with a job application.

•Clayton — Against the city and Phillips, alleging that his private Family and Medical Leave Act information was illegally made public.

Two other tort claims filed in 2024 have been resolved.