Wrongful death lawsuit filed by the mother of Des Plaines man fatally shot by city police more than a year ago was moved to federal court.
Suit, originally filed on December 17 in Cook County Circuit Court, says Des Plaines police used excessive force when the officer shot the 24-year-old Krzysztof Kaczor "without sufficient provocation or imminent threat to their lives."
Mother Kaczor's, Danuta Kaczor from Elmwood Park, filed a lawsuit, which lists the city of Des Plaines and 11 members of its police officers as defendants. Four-count suit seeks more than $ 50.000 in damages.
The city this week asked the case be moved to the U.S. District Court, since such cases usually fall under federal jurisdiction. Trial date has not yet been established.
Krzysztof Kaczor was killed in early morning hours of December 21, when, according to police accounts, he threatened an officer with a long-handled ax.
Police said officers went to the area near the house Kaczor on 400 block of Washington Street about 1 am that morning after receiving a call of shots in the area. The officer later spotted Kaczor works on Oxford Road, carrying an ax, according to police The officer got out, drew his pistol and ordered Kaczor throw an ax, police said.
Kaczor has not heeded the warnings, the police said, but instead turned to the officer, held an ax in a threatening manner and approached. He was shot at least four times after refusing to give up arms and died shortly thereafter, according to police.
Danuta Kaczor attorney, Jay Paul Deratany, earlier said the officer did not have to kill the son of his client because he was not an immediate threat.
Deratany said it Kaczor who called the police the night he was shot, and as he spoke limited English, he probably does not understand the officer who ordered him to drop the ax.
Des Plaines Police Chief Jim Prandini said Cook County Public Integrity investigated the case and ruled it as a justified shooting.
