The family of a 20-year-old man fatally shot by Chicago police last December in West Ridge filed a wrongful death lawsuit in federal court against the city and two police officers.
Roberto Calvario Jr.’s family alleges he “did not do anything threatening” when two officers approached his sedan late Dec. 9 in the 5700 block of North Washtenaw Avenue to investigate a report of “suspicious” activity and a potential stolen car.
Calvario suffered one gunshot to his head, and an officer was briefly dragged by the sedan before it crashed into a parked car, according to the lawsuit and body-worn camera video of the shooting.
The lawsuit was filed Wednesday, on what would have been Calvario’s 21st birthday, by attorneys from Loevy and Loevy, a civil rights law firm with a long history of suing over police misconduct.
Officer Jose Salazar fired the shot before being dragged by the sedan, the lawsuit alleges. It’s unclear from the chaotic bodycam videos when exactly the deadly shot was fired.
The officers encountered Calvario for about 10 seconds before was shot, according to the lawsuit and videos.
The officers are seen running up to Calvario’s car and yelling “stop,” as another person flees. The lawsuit claims the officer tried to “wrench” Calvario from the car and then shot him.
Calvario’s girlfriend was in the front passenger seat of the car. An officer grabbed her out of the car and placed her next to Calvario on the snowy street as officers checked on Calvario, the video shows.
Ten minutes elapsed before an ambulance arrived at the scene while Calvario lay breathing but unresponsive, the video shows. Calvario died hours later at a hospital.
Officers found a gun in Calvario’s waistband, and the Civilian Office of Police Accountability reported that a second weapon was recovered.
Calvario’s girlfriend was arrested and held overnight at a police station, but no charges were filed, according to the lawsuit, which also alleges unlawful arrest.
The lawsuit also alleges the officers tried to “cover up” the shooting. They claimed through “inaccurate and misleading” police reports that Calvario attacked them with a weapon and that one officer was dragged by Calvario’s car, allegedly justifying the shooting as self-defense.
A spokesperson for the Chicago Law Department said Wednesday evening that the office had not been served with the lawsuit and it does not comment on pending litigation.
The lawsuit lists 14 counts of alleged civil rights violations, including wrongful death, excessive force, false arrest, infliction of emotional distress and conspiracy.
“Roberto — a young man who should have had his whole life ahead of him — is dead because this officer shot him, without cause, within seconds of encountering him,” Loevy and Loevy attorney Maggie Filler said in a statement.
“Our clients, [Calvario’s mother and his girlfriend], have suffered loss and trauma that no one should ever have to endure,” Filler said. “They are right to demand justice, and we are confident a jury will give it to them.”