Family of Adam Toledo drops lawsuit against city and Chicago police officer — but plans to refile

The family of Adam Toledo has dropped their lawsuit against the Chicago police officer who fatally shot the 13-year-old boy, just as the trial got underway.

Opening statements in the wrongful death suit were expected to start later this month, but on Friday, the family’s lawyer filed a motion to voluntarily dismiss the case. Their lawyer, Adeena Weiss, said the move allows them to “continue pursuing the case in a manner that fully protects the rights of Adam Toledo’s family,” and refile within the next year.

“Let me be clear: this case is not over,” Weiss said Friday. “We will refile and continue seeking full accountability for what happened to Adam. Our focus remains where it has always been — on justice for this child and his family.”

Attorneys for the city said they will "defend the allegations when and if that happens."

Toledo was fatally shot during a foot chase over five years ago in Little Village. Chicago police officer Eric Stillman followed Toledo into an alley and fired a single shot at him, just seconds after the boy dropped a handgun and raised his hands. Toledo’s family filed a lawsuit shortly after against the city and Stillman.

The Civilian Office of Police Accountability recommended Stillman be discharged from the department, finding he “acted inconsistently” with department foot-pursuit training policy and committed an improper use of deadly force. Then Chicago police Supt. David Brown disagreed, instead recommending Stillman be suspended up to five days for failing to activate his body-worn camera.

A disciplinary case has since stalled due to a years-long legal battle between the city and Chicago’s largest police union over the handling of misconduct cases.

Stillman's attorney, Tim Grace, saw Friday's dismissal as an acknowledgment that the officer's use of force was "within policy and reasonable."

"He [Stillman] looks forward to moving on from this unfortunate incident," Grace said.