Chicago PD Sued by Sister of Unarmed Man Fatally Shot by Off-Duty Cop

CHICAGO, IL — A federal lawsuit against the Chicago Police Department was filed Friday by the sister of an unarmed man who was fatally shot by an off-duty officer who has been stripped of his police powers, the Chicago Tribune reports.

Jose Nieves, 39, was allegedly shot by the officer at around 9:15 a.m. Monday, Jan. 2, in the 2500 block of North Lowell Avenue in the Belmont Gardens neighborhood. Nieves, who was unarmed at the time, was taken to Advocate Illinois Masonic Medical Centere, where he was pronounced dead.

Reports from the victim's family claim the shooting came after an argument earlier that morning. Department spokesman Anthony Guglielmi told the Tribune the officer, despited being off duty, acted in a police capacity and had previously argued with Nieves.

RELATED: Chicago Police Investigate Off-Duty Officer's Fatal Shooting of Unarmed Man

Chicago Police Superintendent Eddie Johnson said Monday he had "more questions than I have answers" about the shooting.

The lawsuit identifies the officer as Lowell Houser, and it claims that he illegally detained and threatened Nieves before the shooting, according to the Tribune. The suit also alleges the two had an argument sometime in the past, the report added.

RELATED: Chicago Cop Stripped of Police Powers After Fatal Off-Duty Shooting

No criminal charges have been filed, and the case is still being investigated by the department and the Independent Police Review Authority. However, Houser was stripped of his police powers Tuesday.

More via the Chicago Tribune

photo via Patch archive

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