Kim Foxx seeks dismissal of lawsuit from ex-Chicago police sergeant cleared of felony charges: report

Cook County State’s Attorney Kim Foxx has reportedly asked a federal judge to throw out a civil rights lawsuit filed by a former Chicago police sergeant.

Michael Vitellaro, who was acquitted of criminal charges in 2023, alleges he was falsely charged with felonies after a viral video showed him kneeling on the back of a 14-year-old boy in Park Ridge. Vitellaro believed the teen had stolen his son’s bike.

Vitellaro was charged with aggravated battery and official misconduct but was found not guilty. He has since filed a lawsuit against Foxx, arguing that the charges were unjust.

In response, Foxx is seeking to have the case dismissed, citing prosecutorial immunity, which shields her from liability for actions taken during the course of prosecution.

The July 2022 incident sparked public outrage after the video spread online. Vitellaro was relieved of his police powers and later resigned from the force to avoid termination.

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