CHICAGO (STMW) – A man is suing the city and a Chicago Police officer who allegedly shot him while he was riding his bike last July in the Humboldt Park neighborhood.

Joe J. Banks claims he was not breaking any laws when the officer shot him in the chest while he was riding his bike in July 2011, according to a suit filed Tuesday in Cook County Circuit Court.

Banks was riding on West Ohio Street near North Sawyer Avenue when the officer shot him, then handcuffed and arrested him, according to the suit. The bullet is still lodged in his chest.

However, police said at the time officers approached the suspect at North Kedzie Avenue and West Franklin Boulevard to question him, but the man ran away. Bicycle police and a supervisor joined the chase and shot the man after he allegedly pointed a gun at the supervisor.

Police said officers recovered a gun on the scene

The two-count suit claims the officer used excessive force on Banks and falsely arresting him. Banks seeks over $100,000 in punitive damages.

A city spokesman could not be reached for comment Tuesday night.

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