B.J. v. City of Chicago
(2018) Police Shooting: On December 26, 2015, Plaintiff’s Decedent, a 55-year-old Chicago resident, lived on the first floor at 4710 W. Erie in Chicago. Antonio LeGrier resided upstairs at 4710 W. Erie. Quintonio LeGrier, Antonio’s son, was home for Christmas break. Quintonio was a 19 year old Northern Illinois University student. 911 tapes reveal that early in the morning on December 26, Quintonio LeGrier called 911 three times in the minutes prior to his shooting, begging to have the police come to his father’s house on west Erie for assistance for a domestic dispute. Antonio LeGrier, his father, also contacted 911 and officers were dispatched in response to his call.
Officer Robert Rialmo responded to 4710 W. Erie, along with Officer Anthony LaPalermo in response to a disturbance/check on the well-being call, with the offender armed with a bat. Upon arriving at the residence and ringing the doorbell, they were greeted by Plaintiff’s Dececent. Decedent pointed to the stairwell and said that the disturbance was upstairs. At that time, according to Officer Rialmo, Quintonio LeGrier appeared holding an aluminum baseball bat. Officer Rialmo was backing down the stairs onto the front walkway away from the front door and drew his service weapon. Officer Rialmo then fired his service weapon in the direction of Quintonio LeGrier. Officer Rialmo never saw her relocate out of the vestibule into her apartment, and he fired his weapon directly at the doorway where he had last seen the Decedent. Officer Rialmo discharged his weapon at least seven times, and one of the rounds that Officer Rialmo fired, struck, and killed Plaintiff’s Decedent. Officer Rialmo never gave her any alert or warning that he would be firing his weapon in her direction.
Plaintiff alleged that the forensic evidence showed that Officer Rialmo had created sufficient space between he and Quintonio and he was not in imminent danger of being struck by Quintonio’s bat. Officer Rialmo discharged his firearm at least seven times at Quintonio LeGrier, striking him six times and she sustained a fatal gunshot wound to her chest. The force used by Officer Rialmo against Quintonio LeGrier resulted in Quintonio and Decedent’s death. Plaintiff maintained that the force used against Quintonio LeGrier was not objectively reasonable and was contrary to generally accepted police practices and procedures.
Additionally, Plaintiff argued that Officer Rialmo gave Decedent no opportunity to position herself in a location where she would not be at risk of harm from him firing his weapon. Plaintiff alleged that Officer Rialmo took no steps whatsoever to ensure that Decedent, an innocent person, was not at risk of injury or harm from the firing of his weapon. Plaintiff maintained that the actions of Officer Rialmo contradicted generally accepted police practices and procedures and constituted willful and wanton conduct.
Plaintiff was represented by partner, Larry Rogers Jr., and associate, Jonathan M. Thomas