"The only thing I have to say is my son was innocent. And he should not have died," Shatrelle McComb said Thursday at a news conference to announce the lawsuit.
Antoine Watkins, 21, is accused of driving the car that jumped the curb, struck the stroller and dragged it into a vacant lot in the 6300-block of South Ellis Avenue in the city's Woodlawn neighborhood on July 11.
Chicago police said Watkins was fleeing from a shooting that killed Marvin "Capo" Carr, 22, in Chicago's South Shore neighborhood when he lost control of the car. Dillan, his mother and two aunts were on their way to the beach when he was killed.
McComb filed the lawsuit on Wednesday. She claims Watkins was being chased by police and that the pursuit reached speeds in excess of 60-miles per hour. The suit claims officers were told to stop the chase because there were too many pedestrians in the area, but instead continued the pursuit for another 20 minutes.
"And, in fact, we have evidence that the chase was told to be stopped. And had it been stopped appropriately this would not have occurred," lawyer Antonio Romanucci said.
McComb said her baby would be alive if police heeded the instructions. The lawsuit seeks $300,000 in damages.
The Chicago Police Department has not yet reviewed the lawsuit, but an official with the Chicago Law Department said there is no evidence to suggest that anyone other than Watkins is responsible for Dillan Harris' death.