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Family Of Kajuan Raye, The Man Killed By Police During Foot Chase, Files Federal Lawsuit

CHICAGO (CBS) – The family of Kajuan Raye, the 19-year-old Dolton man fatally shot by a Chicago police sergeant last week, filed a federal wrongful-death lawsuit Tuesday.

Raye was fatally wounded during a foot chase late Nov. 23 in Englewood after he bolted when a police car pulled up to the bus stop where he was standing with a friend. Family members say Raye ran because, as a young black man, he feared the police.

Kajuan Raye Lawsuit
Attorney Michael Oppenheimer, center, talks about a federal lawsuit he filed on behalf of the family of Kajuan Raye. (Lisa Fielding/WBBM)

"His fears turned out to be, unfortunately, correct," attorney Michael Oppenheimer, who represents Raye's surviving family members, said at a news conference.

The lawsuit alleges the officer used "unjustified and excessive use of force" and names the sergeant, John Poulos, and the city of Chicago as defendants. The federal lawsuit seeks monetary damages, Oppenheimer says, but he added the family hopes the incident brings about social change, too.

Sgt. Poulos was responding to a disturbance call at 65th and Marshfield and told investigators Raye twice pointed a "weapon" at him during the chase. None was recovered; Raye was shot in the back, an autopsy showed.

"That is simply ridiculous," Oppenheimer said of the claim Raye had a weapon. "It is another attempt to cover up another fatal shooting by the Chicago Police Department."

"Dogs were brought out, there was a grid search. They searched everywhere," the attorney said. "I'm sure they searched the sewers, the streets, the yards, the houses all around this neighborhood, and guess what ? There was no gun. There is still is no gun, and there won't be a gun because Kajuan didn't have a gun. He was unarmed."

The sergeant was involved in the previous fatal shooting of another suspect, in 2013, sources confirm to CBS 2. A lawsuit is pending in that case.

In that earlier incident, Poulos – at the time, a police officer who was off-duty – said he believed suspect Rickey Rozelle, 28, had a weapon. None was found.

"This is the second time that this officer has shot an unarmed African American man in the city of Chicago, yet is still on the streets. He was promoted to a sergeant and even received some sort of award of merit after the first shooting. If he had been taken off the streets, Kajuan would be alive today," Oppenheimer said.

Chicago Police Supt. Eddie Johnson relieved Poulos of his police powers over the weekend.

"I just ask that people wait until the investigation is done to form their opinions about it, so I'll do the same," he said.

The Independent Police Review Authority, which cleared Poulos in the 2013 shooting of Rozelle, is investigating Raye's death.

Raye's family calls on the next Cook County state's attorney, Kim Foxx, to open a criminal investigation, Oppenheimer says.

"The way the media is portraying my brother is surprising me," cried Kaia Raye, 15, Kajuan's sister."I just want justice for my brother, this is crazy. I can't believe it still. We're going to get justice for my brother. It's hitting home now, It's gotta stop."

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Kaia Raye, speaks about her brother (WBBM/Lisa Fielding)

"It seems like it's only getting worse," said activist Ja'Mal Green. "Young black males are still being taken every single day. Four people shot by police in the last week. This is a problem. We want harsh penalties against this police officer. He should not be left off the hook for being trigger happy in our neighborhoods. We are waking up to what's happening."

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