SOUTH BEND, Ind. (AP) — A South Bend city council member is suing the city for not defending him in a libel case involving a wiretapping investigation.

A complaint filed last week claims the city is obligated to defend Common Council member Henry Davis Jr. because the libel case involves actions taken in his employment. He’s being sued by four South Bend police officers, who allege Davis committed libel in a letter sent to the U.S. Department of Justice in 2012.

The letter was sent during a wiretapping investigation and accused officers of “racially based misconduct” related to captured recordings.

A judge ruled last month that the libel case against Davis can proceed, saying officers could pursue him for actions outside the scope of his employment.

The South Bend Tribune reports the city maintains Common Council members receive legal representation when appropriate.