Dwain Kyles and Calvin Hollins were found guilty of violating a city order and sentenced in 2009 to two years in prison. But the court’s recent ruling vindicated the men after finding that the city order to close the second floor of the club was unclear.

An attorney for Kyles and Hollins told the Chicago Sun-Times the men plan to proceed with a civil suit accusing the city of conspiracy, malicious prosecution and coercion.

“Surveillance footage shows that there were 45 minutes during which police and fire officers stood outside instead of coming in to help.

They sent 20 police cars and only two ambulances and stood around and watched as these 21 people died,” Ed Grasse said. “Then they turned around and blamed Calvin and Dwain. This has just been an elaborate cover-up.”

An attorney for the city told the paper a decision has not yet been made on whether to appeal the recent judgment.