CHICAGO (WLS) -- A new hearing date was scheduled for Jeremiah Smith, who is trying to get a guilty plea from a 2014 battery case thrown out after video of the incident surfaced. Smith is suing the Chicago Police Department, alleging an officer used "extreme police violence."Smith's attorney, Rahsaan Gordon, said the cell phone video of the arrest shows an argument erupted between Chicago police and a number of people on the West Side in July 2014. The video shows an officer shoving a woman onto a car hood and later punching Smith.Smith pleaded guilty to battery and spent 12 days in Cook County Jail. Gordon said he believes the video proves police mishandled the situation and arrest."Nobody ran at him, pulled out a weapon. Nobody tried to punch him. They stood there. You can even hear one of the gentlemen saying, 'I'm not a man. I'm a child,'" Gordon said.Smith and his attorney asked for the Cook County State's Attorney's Office to throw out his guilty plea. The case was continued on Wednesday and a new hearing date was set.Chicago police said in a July statement concerning the incident that the department takes "...any allegations of excessive force against the residents our officers are sworn to protect very seriously, and any action which undermines the integrity of the Chicago Police Department simply will not be tolerated."