Filed: 11/21/2019 11:26 AM
St. Joseph Superior Court 7
St. Joseph County, Indiana

STATE OF INDIANA
COUNTY OF ST. JOSEPH

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IN THE ST. JOSEPH SUPERIOR COURT
SOUTH BEND, INDIANA
Cause No. 71D07-1209-MI-000159

SOUTH BEND COMMON COUNCIL,
Plaintiff
v.
SOUTH BEND CITY ADMINISTRATION,
Defendant.

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MEMORANDUM OF LAW
IN SUPPORT OF MOTION TO INTERVENE
Pursuant to Ind. Trial Rule 24, applicant, Estate of ERIC JACK LOGAN, deceased
(“Logan Estate,” the “Estate”), by counsel, submits the following memorandum of law in support
of its motion to intervene filed contemporaneously herein:
BACKGROUND
This matter was originally filed more than seven years ago. It has been the subject to an
extended stay and it has been assigned to a special judge. On November 13, 2019, the South Bend
Common Council (the “Council”) filed a response to the City of South Bend’s (the “City
Administration”) second summary judgment motion for declaratory relief. A hearing on the City
Administration’s motion is set for January 22, 2020.
Logan Litigation
On June 16, 2019, Eric Logan was shot and killed by former South Bend Police Sergeant
Ryan O’Neill. Logan’s estate filed a civil rights lawsuit against Sgt. O’Neill and the City of
South Bend. Specifically, the Estate alleged that the City was liable for violation of Logan’s

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 civil rights because of its pattern and practice of racial discrimination in violation of 42 U.S.C.
§1983. (Federal Lawsuit attached hereto as Exhibit A).
ARGUMENT
I.

THE LOGAN ESTATE SHOULD BE PERMITTED TO INTERVENE AS A
MATTER OF RIGHT
T.R. 24(A)(2) provides that
Upon timely motion anyone shall be permitted to intervene in an
action…when the applicant claims an interest relating to a
property…which is the subject of the action and he is so situated that
the disposition of the action may as a practical matter impair or
imped his ability to protect his interest in the property…unless the
applicant’s interest is adequately represents by existing parties.
A.

The Logan Estate’s motion is timely.

The determination of the timeliness of a petition to intervene is largely left to the discretion
of the trial court. Moldex, Inc. v. Ogden Health Prods., 489 N.E.2d 130 (Ind. App. 1986). The
Logan litigation is in the early stages. The preliminary pretrial conference was held just last month.
Estate counsel only recently learned that a dispositive motion has been recently briefed in the
instant case. The Logan Estate does not seek to raise any issues in this matter that have not already
been raised.
B.

The Logan Estate has an interest relating to a property in this case.

In its complaint, the Logan Estate alleged that Defendant, CITY OF SOUTH BEND
committed a litany of Monell violations. Ex. A at 4-6.
The Boykins Tapes are more than reasonably calculated to lead to admissible evidence.
Should these tapes be destroyed, the Logan Estate may be permanently precluded from
presenting evidence of pattern and practice on behalf of the City of South Bend.
C.

The existing parties cannot adequately protect the interests of the Logan

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 Estate.
To be allowed to intervene it is necessary that the potential intervenor show not that its
interests will not be adequately protected but instead that the interests may not be adequately
protected. The Logan Estate satisfies this requirement.
First, without being allowed to intervene, the Logan Estate has no means to ensure that the
Boykins Tapes are preserved. If the tapes are destroyed, then the Estate may be forever precluded
from discovering evidence to support Count III of its federal lawsuit.
Second, although the Council is seeking the same thing in the instant case. The Estate and
Council’s interests are adverse in the Logan Litigation in federal court.
II.

THE LOGAN ESTATE SHOULD BE PERMITTED TO INTERVENE
PERMISSIVELY
T.R. 24(B) provides, in pertinent part, that
Upon timely motion anyone may be permitted to intervene in an
action…when an applicant’s claim or defense and the main action
have a question of law or fact in common.
(Emphasis added).
As demonstrated above, the Applicant’s Monell claim (Ex. A, Count III) and the main

action have a question of fact in common. Thus, the Logan Estate may and should be permitted to
intervene.
CONCLUSION
For the foregoing reasons, the Logan Estate respectfully requests that this Honorable Court
grant its motion to intervene.

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 Respectfully submitted,
Estate of ERIC JACK LOGAN, deceased

/s/ Trent A. McCain
One of Applicant’s Attorneys
Brian W. Coffman, # 28944-71
COFFMAN LAW OFFICES, P.C.
2615 North Sheffield Ave., Suite #1
Chicago, IL 60614
(773) 348-1295 phone
bcoffmanlaw@gmail.com
Trent A. McCain, #23960-45
McCAIN LAW OFFICES, P.C.
363 S. Lake St., Ste. 2
Gary, IN 46403
(219) 884-0696 phone
Trent@McCain.Law
CERTIFICATE OF SERVICE
I hereby certify that on November 21, 2019, a copy of the foregoing motion was filed electronically. Service
of this filing will be made on all parties and/or counsel of record by operation of the Indiana E-Filing system.
/s/Trent A. McCain
One of Applicant’s Attorneys

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