Michael Evans Denied A New Trial - Defense Verdict Affirmed

Posted on January 26, 2008 by Andy Hale
The Seventh Circuit Court of Appeals affirmed a verdict in favor of the City of Chicago and ten former Chicago police officers and against Michael Evans, thereby denying Evans a new trial. Evans had filed suit seeking $60 million claiming the officers framed him for the rape and murder of nine-year old Lisa Cabassa in 1976. In August 2006, a jury returned a verdict in favor of the officers and City of Chicago, finding there to be no police misconduct. On appeal, Evans was seeking a new trial. In a 2-1 decision, the Seventh Circuit held that Evans received a fair trial and was not entitled to a new trial. At trial, the police officers were represented by attorneys Andrew Hale, Eileen Rosen, Kevin Horan and John Rock of Rock Fusco, LLC. On appeal, the police officers were represented by Benna Ruth Solomon, Jenny Notz and Myriam Kasper, attorneys with the Corporation Counsel's appellate group. Evans was represented at trial and on appeal by Jon Loevy of Loevy & Loevy.
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Judge Andersen Dismisses Excessive Force Claim Against The Town Of Cicero

Posted on April 3, 2007 by Andy Hale
In a Memorandum, Opinion and Order dated March 15, 2007, Northern District of Illinois Judge Wayne R. Andersen has dismissed plaintiff Rodolfo Sanchez's excessive force claim against the Town of Cicero. The court noted that "in order to successfully plead a cause of action against a municipality under 42 U.S.C. 1983, the plaintiff must allege unconstitutional conduct by a municipal employee that was perpetrated according to a municipal 'policy' or 'custom' and which directly caused plaintiff's injury," citing Monell v. Department of Social Services, 436 U.S. 658, 694 (1978). In dismissing the excessive force claim against the Town of Cicero, the court stated: "The plaintiff's first amended complaint fails to meet the pleading requirements for a section 1983 claim against a municipality. Plaintiffs have failed to allege that the unconstitutional conduct of the municipal police officers was perpetrated according to any policy or custom of the Town of Cicero. There are no allegations as to an express policy of the Town of Cicero endorsing excessive force by the police. There are also no allegations that use of excessive force is a widespread practice within the Town of Cicero police department amounting to a well-settled custom. Finally, plaintiffs have not alleged their unconstitutional deprivations were a result of the conduct of an individual with final policymaking authority in the Town of Cicero." The full opinion can be found at 2007 WL 844588. The Town of Cicero was represented by Kevin Horan and James Novy of the law firm of Rock Fusco, LLC.
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