Partner Emanuel C. Welch Argues before Seventh Circuit Court of Appeals

CHICAGO, Illinois, May 6, 2011-Firm Partner Emanuel C. Welch argued before the United States Court of Appeals for the Seventh Circuit on May 3, 2011. Mr. Welch was defending Trial Court Judge John Darrah's grant of summary judgment in favor of six police officers from the Town of Cicero who had been accused of using excessive force against the plaintiff, Jose Demas Soriano.

On April 11, 2004, in defense of Officer Jason Stroud's life, Cicero Police Officer Dino Vitalo shot Soriano. As a result of Soriano's criminal conduct, Soriano was arrested, charged by indictment and found guilty by a jury of aggravated battery to a police officer other than by a firearm and aggravated fleeing or attempting to elude a police officer where flight caused bodily injury.

Pursuant to 42 U.S.C. Section 1983, Soriano sued the Town of Cicero and Officers Stroud, Pacione, Vitalo, Hendrick, Harris and Pawelski. Soriano's First Amended Complaint alleged various constitutional claims and state law claims arising out of the shooting of Soriano, including a claim for excessive force in violation of the Fourth Amendment, failure to intervene, a state law battery claim, and an indemnification claim. The Town of Cicero and the Individual Defendants filed motions for summary judgment that sought to dispose of all counts in the Complaint pursuant to collateral estoppel, the doctrine of Heck v. Humphrey, and qualified immunity. Summary Judgment was granted in favor of all Defendants and judgment was entered on August 25, 2010. Soriano appealed to the Seventh Circuit, and arguments were held on May 3 before the Seventh Circuit.  At the conclusion of the arguments Welch said he thought the Seventh Circuit Court panel was well prepared and asked excellent questions. "When a decision is written, I believe the Court will get it right," Welch said. The Town of Cicero was represented by Mr. K. Austin Zimmer of the Del Galdo Law Group.