Parents of Park Ridge teen file lawsuit against Chicago police sergeant after criminal court judge acquits him

A Park Ridge family has filed a lawsuit in civil court against Chicago Police Sergeant Michael Vitellaro and the City of Chicago for actions the officer took against their then-14-year-old son during a dispute over a bicycle last year.

Cook County Judge Paul Pavlus acquitted Vitellaro in court on June 16 of the criminal charges brought against him by the Cook County State’s Attorney’s office for grabbing and restraining the boy face down on a Park Ridge sidewalk and accusing him of taking Vitellaro’s son’s bike. The state’s attorney’s office had brought one charge of aggravated battery and two charges of official misconduct; the criminal trial lasted three days.

Attorney Antonio Romanucci said Tuesday in announcing the filing of the civil lawsuit that the case dealt with a “predatorial ambush by Sergeant Michael Vitellaro to a young man who had done nothing wrong.”

A message seeking comment, left on a phone number listed for Vitellaro, was not immediately returned.

A spokesperson for the Chicago Police Department, Don Terry, said the department does not comment on pending litigation. A spokesperson for the City of Chicago legal department, Kristen Cabanban, said the department would review the suit and that the city does not comment on pending cases.

James McKay, the attorney who represented Vitellaro in his criminal trial, said on Tuesday, “Sgt. Vitellaro was making a lawful arrest during which the young man was not injured at all and according to the lawyer, it sounds like the young man is prospering and thriving in high school.”

During the mid-June criminal trial proceedings, another teen said he had taken the bike that the 14-year-old was accused of taking. The other teen said he moved the bike from in front of the Park Ridge Public Library and took it about two blocks to the location where Vitellaro saw it and pinned the then-14-year-old to the pavement outside a Starbucks.

The complaint covers seven counts against Vitellaro for false imprisonment, negligence, assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress and willful and wanton conduct.

The lawsuit’s counts against the city of Chicago are willful and wanton conduct, negligent supervision, negligent retention, respondeat superior (or an employer’s responsibility for an employee) and indemnification.

Speaking from the Romanucci and Blandin law firm’s offices at 321 N. Clark St., Chicago, Romanucci said the lawsuit also targeted the city itself because Vitellaro was enforcing the law as a city employee with his actions.

“The City of Chicago, being the employer for Sergeant Vitellaro, has a duty in that instance as the employer to ensure that when he does enforce the law, that he does it legally and constitutionally,” Romanucci said. “And he didn’t do that here.”

Romanucci also described the case as “an important social change statement,” citing recent reports that the 2019 consent decree is in jeopardy.

“No police officer is allowed to unjustifiably use excessive force on anyone, no matter the color of their skin,” he said.

The boy who was pinned, now 15 and a rising sophomore at Maine South High School, is of Puerto Rican descent.

His mother, Nicole Nieves, said that at Vitellaro’s criminal trial, defense attorney James McKay “never presented any evidence to show that our son did anything wrong” and said she and her husband felt obligated to continue the legal battle as parents and on behalf of other people in similar circumstances.

After Judge Pavlus had issued his verdict acquitting Vitellaro, Romanucci and attorney Javier Rodriguez deemed the judgment “a character assassination” against the boy and confirmed that they planned to take legal action against him in civil court.

Pavlus said in court that his verdict was influenced by McKay’s suggestion that the boy’s family was looking to make money off of the case.

The fact that the family had hired the law firm shortly after the incident was itself a factor in Pavlus’ verdict, he said.

At a news conference on the heels of Pavlus’ verdict, Romanucci called the ruling “appalling.”

He predicted that in a civil trial, Vitellaro would be required to testify in court.

On Tuesday, Romanucci returned to the fact that Vitellaro had never been cross examined or “had the benefit of being in front of a jury.”

McKay said Tuesday afternoon he had not yet seen the lawsuit but commented, “There was three full days of testimony in court. The young man was not injured, period. He didn’t even suffer a scratch. He refused paramedics’ treatment that day.

“The judge who had all the evidence in the case found the use of force by Sgt. Vitellaro was not forceful.

“I heard from one of Mrs. Nieves’ lawyers that the young man is a straight A student and a three-sport athlete, so for the life of me, I can’t figure out how he is damaged.”