Adam Toledo family files motion to dismiss wrongful death suit against CPD, former officer

CHICAGO (WLS) -- The family of Adam Toledo has filed a motion to dismiss their wrongful death lawsuit against the Chicago Police Department and a former officer.

Toledo was shot to death during a foot pursuit back in March of 2021.

ABC7 Chicago is now streaming 24/7. Click here to watch

The officer said he saw a gun in the 13-year-old's hand when he opened fire.

In March 2021, Toledo was killed after a police chase in Little Village. According to police, officers were in the area, responding to a ShotSpotter alert near 23rd and Sawyer.

The Civilian Office of Police Accountability released body camera video from the deadly shooting.

RELATED: Adam Toledo's family challenges increase in disability payments to ex-officer who killed 13-year-old

The video shows officers running after Toledo and another person. CPD Officer Eric Stillman reported seeing a gun in Toledo's hand. Stillman yells at Toledo to stop, and when he catches up with the teen, he fires a single shot. Toledo died at the scene.

Chicago's Department of Law said in a statement, "Plaintiff chose to voluntarily dismiss their case today against the City of Chicago and Eric Stillman rather than proceed to trial. The Plaintiff has a year to refile this case, and the City will defend the allegations when and if that happens."