David Koschman civil rights suit thrown out by federal judge

CHICAGO (WLS) -- A federal judge threw out a civil rights lawsuit filed by Nanci Koschman alleging that police and prosecutors were involved in a "cover-up" to keep former Mayor Richard M. Daley's nephew Richard J. Vanecko from being charged in the death of her son.

U.S. District Judge Rebecca Pallmeyer dismissed the suit, saying that the statute of limitations on filing ended years ago; Koschman could have filed suit in 2011 but did not, Pallmeyer said.

Koschman's son David died in 2004 after being punched by Vanecko during a bar fight. David Koschman, 21, died 11 days later.

Vanecko faced no charges until December 2012, and he later pleaded guilty to involuntary manslaughter after a special prosecutor was named to re-examine the initial trial.

Nanci Koschman filed the suit March 24, naming two former police superintendents, Cook County State's Attorney Anita Alvarez, her predecessor Dick Devine and unnamed Daley family members as participants in the "cover-up" that she says interfered with preliminary investigations.

However, Pallmeyer said that Koschman can sue in a in a state court.