Partner Emanuel C. Welch Wins Seventh Circuit Decision on Behalf of Cicero Police Officers

CHICAGO, Illinois — On August 9, 2011, the United States Court of Appeals for the Seventh Circuit published an opinion in the case of Duran v. Town of Cicero in which it sided with the defendants on all issues. The case was argued before the Court on February 17, 2010, exactly two years and two days after the 2008 trial. Partner Emanuel "Chris" Welch represented the individual police officer defendants at trial and during the appeal.

On February 15, 2008, a federal court jury awarded a defense verdict in favor of twelve Cicero police officers who were accused of police brutality and the use of excessive force in an incident that occurred in September of 2000. Six officers were found completely not guilty, and five others plus a lock up keeper won defense verdicts.

On September 2, 2000, after receiving complaints from neighbors of loud music, cars parked illegally and kids playing in the street, police officers were dispatched to the home of Gonzalo Duran in the 1300 block of 51st Avenue in Cicero, Illinois. After cooperating with police requests on the first visit to the home, the police were again dispatched back to the home where the owner and partygoers became unruly and threw full cans of beer and other objects at the responding police officers. Police officers responded with the use of peppery spray and other levels of force to regain control of the party. Seven partygoers were arrested.

After seven and half years of discovery, the case involving 79 plaintiffs and 13 total defendants proceeded to trial on January 7, 2008 and ended on February 15, 2008. 55 plaintiffs received no compensation for the events that occurred on September 2, 2000 while 24 others were awarded a total of $2.85 million. Prior to trial, the plaintiffs' final settlement demand was $8.6 million and the defendants were willing to settle for as much as $3 million. During closing arguments, plaintiffs asked the jury to return a verdict in excess of $22 million, but received less than $3 million.

Plaintiffs filed an appeal before the 7th Circuit seeking a re-trial of the case believing they did not receive a fair trial based on Trial Judge John Grady excluding certain evidence against police officers Dino Vitalo and William Peslak. Welch argued during the appellate argument that "Judge Grady got it right in excluding evidence of prior bad acts by Officer Vitalo and evidence of a misdemeanor conviction of Officer Peslak." After the argument in February 2010, Welch said, "I thought the panel of Judges was very well prepared. They asked great questions, and I feel good about our chances of them affirming Judge Grady's rulings."

In its opinion, the Seventh Circuit said, "We reject the arguments raised in the plaintiffs' cross-appeal. The challenged evidentiary rulings do not reflect an abuse of discretion." The Seventh Circuit also agreed with the Town's appeal preventing any type of double recovery by the plaintiffs.

Sanchez Daniels and Hoffman LLP is one of the premier defense litigation firms in the City of Chicago. The firm represents a wide range of governmental entities from schools to municipalities including the Town of Cicero, Village of Broadview and the City of Chicago.