Police motion to dismiss was denied as moot

A motion to dismiss a lawsuit against Portland’s police chief and investigator has been declared moot.

Judge Douglas Mawhorr handed down an order Tuesday granting Portland clerk-treasurer Lori Phillips’ motion to amend her complaint against Portland Police Chief Dustin Mock and investigator Jeff Hopkins. As a result of the amended complaint, he denied as moot a previous motion to dismiss the case against Mock and Hopkins.

He also vacated the hearing on the motion originally scheduled for Jan. 6 and later rescheduled for April 25.

The City of Portland is also named in Phillips’ lawsuit.

Attorney Katlyn M. Christman filed a motion to dismiss in September, asserting that Mock and Hopkins cannot be sued in their individual capacities as chief and investigator. 

In that motion, she also argued that the city’s police department is not a suable entity under Indiana law. The motion to dismiss the suit against the police department was granted.

The amended complaint from Phillips’ attorney Clayton J. Lengerich clarifies that she is suing the city for the actions of Mock and Hopkins that were within the scope of their employment and both men individually for actions taken outside of the scope of their employment. 

It alleges harassment, denial of access to areas of city hall, surveillance and dissemination of recordings in their official capacity. It alleges deception and invasion of privacy, disseminating private recordings for a retaliatory purpose, personal threats and intimidation outside of their official capacity as well.

The complaint argues that the city is liable for the actions taken by Mock and Hopkins within the scope of their employment and that the individuals are personally liable for their “conduct that was malicious, willful, wanton, and clearly outside the scope of their employment.”

The suit, in which Phillips says she has been the focus of “torment, harassment and defamation” by the police department, is one of two active against the city.

The other suit, filed by former Portland police officer Patrick Long, alleges Mock and Hopkins purposefully made working conditions so intolerable that Long had no option but to resign, intentionally inflicted emotional distress, interfered with a business relationship, defamed Long and failed to pay wages.

A motion to dismiss the police department, Mock and Hopkins from that suit was filed early this month. The plaintiff and other defendants were given 30 days to file a response.

The next scheduled court date in the Phillips suit is for a pretrial conference on Oct. 19. A jury trial is scheduled for November, and Mawhorr has ordered the parties to go through mediation with Richard McDevitt of McDevitt Mediation Center on or before July 15.

Phillips filed her lawsuit on July 16. Long filed his lawsuit on Nov. 5.

The lawsuits stem from two of the eight tort claims that were filed against the city in 2024 and 2025. Four others remain active while two have been resolved.

The other active claims are as follows:

•Two from former Portland wastewater department employee Brad Clayton alleging that his Family and Medical Leave Act information was illegally made public, he was berated by wastewater department superintendent Brad Dues and that city representatives, including Mayor Jeff Westlake, spread false information about him and his job

•One from former Portland police officer Kyle Denney alleging that Westlake made statements that included allegations of misconduct against him

•One from Mock and Hopkins — it also names Phillips and her office, and council members Mike Aker, Ron May and Dave Golden — alleging retaliation by council members, an institutional failure to intervene, improperly deleting email accounts, violating the city handbook, harassment and other issues.