West Chicago, cop sued over Fermilab shooting

An unnamed West Chicago police officer was sued in federal court Tuesday for allegedly shooting a teen on Fermilab property earlier this month.

The lawsuit, which also names the city of West Chicago as a defendant, contends the officer “took his actions while acting under the color of law and in the course and scope of his employment.” It accuses the unidentified officer of excessive force in the Feb. 18 shooting that critically injured 17-year-old Juan Carlos Ruiz of Cicero.

The officer sideswiped the car Ruiz was riding in with five friends before following the group from West Chicago to Fermilab near Batavia, the suit says. It claims Ruiz and his friends “were not posing any immediate threat of imminent danger” when the officer opened fire on their car, striking Ruiz in the back and causing the other occupants to fear for their lives.

Ruiz was treated at Delnor Hospital in Geneva, where he was initially listed in critical condition. He has since been released, according to the lawsuit, but is “still suffering the effects of this serious injury.”

The lawsuit was filed by the mothers of Ruiz and driver Dora Diaz, 17, and individually by the other four occupants of the vehicle, all of whom reside in Cicero. The plaintiffs are seeking unspecified but “substantial” punitive damages, the complaint says.

The lawsuit comes as prosecutors remain tight-lipped about an investigation into the shooting, which police said involved an off-duty officer driving a personal vehicle. Authorities have not said where the officer works or whether he is still on the job.

“The situation is currently under investigation and the state’s attorney’s office has asked that we defer any questions to his office or the DuPage County sheriff’s office,” said Rosemary Mackey, marketing and communications coordinator for the city of West Chicago. “We were asked not to comment.”

The sheriff’s office has repeatedly declined to comment. State’s Attorney Robert Berlin’s office has said a “thorough” investigation is under way but offered no new details Tuesday.

“From our end, it’s still under investigation and a federal lawsuit is not going to have any bearing on how we proceed,” spokesman Paul Darrah said.