A man shot and wounded by an off-duty police detective in 2012 filed a lawsuit against the city Wednesday. The same incident took the life of 22-year-old Rekia Boyd, whose family reached a separate $4.5 million settlement with the city earlier this month.

 

The incident happened March 21, 2012, near 15th Place and Albany Avenue.

 

Police at the time said an off-duty detective rolled down his window to investigate some people causing a disturbance when 39-year-old Anthony Cross -- later charged with misdemeanor aggravated assault -- approached him carrying a handgun.

 

Police said Cross pointed the gun at the detective -- identified in the lawsuit as Dante Servin -- prompting him to fire at Cross and Boyd, hitting both.

 

Cross was shot in the hand and treated and released from a nearby hospital, but Boyd, who was shot in the head, died the next day at Mount Sinai Hospital.

 

Boyd’s family filed suit over the shooting in 2012, claiming she was not armed and presented no threat to Servin. The City Council’s Finance Committee signed off on a $4.5 million settlement to her family earlier this month.

 

Now Cross -- who goes by Antonio Cross -- has filed his own separate lawsuit over the incident, claiming in Cook County Circuit Court that he too was unarmed and posed no threat.

 

The suit, filed Wednesday, claims battery, malicious prosecution, emotional distress and excessive force against Servin and the city. It seeks an unspecified amount in damages.

 

City officials have not yet seen the lawsuit as of Wednesday night, and cannot comment on it, Law Department spokesman Roderick Drew said.

 

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