The family of Adam Toledo filed a fresh lawsuit this week against the city of Chicago and the police officer who fatally shot the 13-year-old boy.
The case was filed a month after the family abruptly dropped another lawsuit filed in Cook County court, just days before opening arguments were set to begin. Now, the legal process will begin again in federal court, over five years after Toledo was killed.
“Ultimately we’re seeking transparency, accountability and protection of all of the plaintiff’s constitutional rights,” the family’s lawyer, Adeena Weiss Ortiz, told the Sun-Times.
At the previously scheduled trial, a Cook County judge granted the city’s request to split up the initial lawsuit, requiring the family’s attorney to first prove allegations around the shooting before shifting to its claims that the city was negligent in hiring Eric Stillman, the officer who shot Toledo.
Weiss Ortiz said she believed the two cases were “inextricably intertwined,” prompting her to drop the case and refile earlier this week in U.S. District Court. “We wanted to have the opportunity to present all the claims that the family had,” she said.
Attorneys for the city won’t comment on pending litigation but previously had said the city will defend the allegations.
In March 2021, Stillman chased Toledo into a Little Village alley and fired one shot at him, just seconds after the boy dropped a handgun and raised his hands.
The new suit alleges Stillman violated department training, orders and directives in pursuing and fatally shooting Toledo. The complaint also argues the city is liable for hiring and retaining Stillman, despite errors on his application and ongoing health issues.
The Civilian Office of Police Accountability recommended Stillman be fired, finding he “acted inconsistently” with department foot-pursuit training and improperly used deadly force.
But Stillman’s disciplinary case has stalled due to a yearslong legal battle between the city and Chicago’s largest police union over the handling of serious misconduct cases.
Stillman’s attorney, Tim Grace, didn’t immediately respond to a request for comment. He previously has said he viewed the voluntary dismissal of the county case as acknowledgment that Stillman’s use of force was “within policy and reasonable.”