Former Cook County State’s Attorney Kim Foxx
CHICAGO - A federal judge has closed the door on a former Chicago cop's lawsuit against former Cook County State's Attorney Kim Foxx, saying the controversial ex-prosecutor and her deputies are shielded by the law from being sued for allegedly railroading the officer on criminal charges from a police involved shooting in which the officer claimed he and his partner were rightly defending themselves.
The officer, however, will be allowed to continue suing another Chicago Police officer who aided Foxx's investigation into the incident and allegedly helped to enable the criminal charges that cost the officer his job.
The lawsuit stems from the shooting of Miguel Medina in July 2022.
According to published reports, prosecutors claimed Liakopolous and his partner, Ruben Reynoso, were on their way to a training session, when they encountered a group of men, including Medina, outside of closed businesses around 7 a.m.
The group also included a male juvenile, who police agreed was carrying a firearm.
Medina was not armed.
According to reports, Liakopoulos and Reynoso questioned the men about what they were doing there at that time.
According to reports, the juvenile attempted to flee on foot, turned and fired multiple rounds.
During the altercation, Medina was struck by gunfire.
Prosecutors under Foxx claimed the officers fired first and struck Medina. Liakopoulos and Reynoso said they were firing at the armed juvenile, and prosecutors presented no proof the bullet that struck Medina came from their service weapons.
Foxx and her deputies charged Liakopoulos and Reynoso with felonies from the incident, threatening them with up to 30 years in prison.
Charges against the juvenile were dropped, even though prosecutors agreed he had fired at police officers.
The officers, however, were found not guilty at trial.
Liakopoulos then filed suit, claiming Foxx and her deputies conspired with a Chicago Police officer, identified as Emmet Welch, to essentially railroad the officers over the incident.
Particularly, Liakopoulos asserted Foxx, Assistant State's Attorneys Alyssa Janicki and Lynn McCarthy conspired with Welch to withhold key evidence from the grand jury that agreed to indict Liakopoulos and Reynoso. That evidence allegedly included video evidence which Liakopoulos claimed would have contradicted the narrative presented to the grand jury by Janicki.
Liakopoulos said the investigation, indictment and trial moved forward, even though the prosecutors and Welch allegedly "knew (Liakopoulos) was legally justified in discharging his weapon."
Foxx declined to seek reelection in 2024 and has since been replaced as Cook County State's Attorney by former judge Eileen O'Neill Burke.
As part of her campaign, Burke pledged to mend relationship between prosecutors and police which had frayed and fractured in places under Foxx, who was widely regarded by many as anti-police and soft on criminals, even those committing violent crimes or clashing directly with police.
Foxx's tenure was marred by a surge in violent crimes and other criminal activity in Chicago and elsewhere in the county, which has ebbed in 2025 under Burke and new Chicago Police Superintendent Larry Snelling.
Liakopoulos' lawsuit against Foxx and her former deputies has continued.
In response to the lawsuit, lawyers for Foxx and the assistant state's attorneys called for the lawsuit to be dismissed. They argued Foxx and the other prosecutors enjoyed absolute immunity from being sued, because their decisions had been carried out in the course of their duties investigating a potential crime.
Liakopoulos argued in response they should only be entitled to qualified immunity, a lesser standard, and he should be allowed the chance to uncover more evidence of an improper conspiracy.
Judge Alonso, however, said he believed it was clear Liakopoulos' claims center on decisions the former prosecutors made concerning how to proceed in the case against him and Reynoso. This, the judge said, includes their decisions on which videos and other evidence to show to the grand jury.
"Such actions are clearly within the scope of Foxx, McCarthy, and Janicki’s prosecutorial functions," Alonso wrote.
The judge, however, said he would allow some elements of Liakopoulos' claims to continue against Welch.
The judge said the evidence presented thus far shows that Welch may have knowingly made false statements concerning his investigation of the investigation into the shooting.
"Based on the allegation of Welch’s report to other Chicago Police officials, the Court reasonably infers that Welch actually believed that Plaintiff (Liakopoulos) was in fear for his life and in turn that (Liakopoulos) had legal justification to discharge his weapon," Alonso wrote. "Despite this belief, Welch testified to the contrary. Welch is thus not protected by qualified immunity."
Liakopoulos is represented in the case by attorney Tim Biasiello, of Park Ridge.
Janicki and McCarthy have been represented by attorneys William B. Oberts and Kevin C. Kirk, of the Oberts Galasso Law Group, of Chicago, acting as special Cook County State's Attorneys.
Foxx has been represented by attorneys from the Cook County State's Attorney's Office.
Welch has been represented by attorney Anthony J. Masciopinto and others with the firm of Kulwin Masciopinto & Kulwin, of Chicago, acting as special assistant corporation counsel for the city.
