Park Ridge family files lawsuit against off-duty Chicago police sergeant for takedown of 14-year-old son

The parents of a Park Ridge teenager who was restrained by an off-duty Chicago cop are now filing suit against the sergeant and the Chicago Police Department.

Earlier this month, Sgt. Michael Vitellaro was acquitted by a Cook County judge on charges of aggravated battery and official misconduct. But now he faces a civil lawsuit.

"We firmly believe the outcome of the criminal trial was wrong, period," said Nicole Nieves, the 14-year-old boy’s mother. "So we press on and we will fiercely fight for justice and accountability which we have every right to do."

On Tuesday, Nicole and Angel Nieves of Park Ridge filed a civil lawsuit against Sgt. Vitellaro and the Chicago Police Department alleging their son's civil rights were violated when Vitellaro restrained him outside a Park Ridge Starbucks last year.

"He put this young man, without ever identifying himself, being out of uniform, in an arm lock. Jungle, predatorial, ambush Chicago Police Department tactics," said attorney Antonio Romanucci, who filed the lawsuit on behalf of the family.

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Evidence included in the lawsuit filed against off-duty officer Michael Vitellaro by a juvenile boy's parents after they say their child was unlawfully detained and assaulted. (Romanucci & Blandin, LLC)

Vitellaro was off-duty when he got a call from his son saying his bike had been stolen. The sergeant spotted the bike with some teenage boys in Park Ridge, and when the Nieves' 14-year-old son briefly touched it, Vitellaro took him down and held him.

"I thought I was going to lose my life," the now 15-year-old boy said in court earlier this month. 

The lawsuit claims the Nieves' son was attempting to lean his bike up against the same pillar the sergeant's son's bike was resting on. In an attempt to do that, the boy briefly touched the presumed stolen bike before he was tackled by Vitellaro. 

But a Cook County judge acquitted the cop, saying the teen's story wasn't believable, and it appeared he was being coached on what to say. His parents pointed out Tuesday that the judge also said it's clear the boy did not steal the bike, and they believe his skin color played a role.

"There were no rational steps taken to resolve the wrongful assumption with words," Nicole Nieves said. "But a reasonable police officer and a reasonable parent would use their words. This officer blew right past that."

Sgt. Vitellaro was stripped of his police powers after he was charged last year. COPA has now completed an investigation into the incident and forwarded its findings to Chicago Police, who could decide whether more punishment is warranted.

The full complaint is attached below: 

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