A wrongful death lawsuit filed on Wednesday claims officers used excessive force in the deadly 2023 shooting of a Joliet man armed with a gun and failed to deescalate the situation.
The lawsuit was filed in federal court by attorneys for Lanita Harris, the widow of Victor Harris, 29, who was mortally wounded in the police shooting on July 17, 2023 in the 600 block of Elmwood Avenue in Joliet.
Will County State’s Attorney James Glasgow’s Office declined to pursue any charges against the officers who shot Victor Harris. Investigators of the police shooting said Victor Harris had brandished a firearm and refused officers’ orders to put the weapon down.
Lanita Harris’ lawsuit accused Joliet police officers Hawk Haiduke and Jason Banning of failing to “defuse the situation” and instead “drew their firearms and assumed an aggressive stance.”
“On information and belief, Victor Harris did not brandish his firearm at the officers or take any other action suggesting that he intended to discharge his weapon at the officers,” Lanita Harris’ lawsuit alleges.
The lawsuit alleges Haiduke and Banning fired their guns at Victor Harris several times and continued to shoot him when he was “already disarmed and lying on the pavement.”
Victor Harris died from his wounds on July 18, 2023 at Silver Cross Hospital in New Lenox.
The defendants in the case are Haiduke, Banning, Joliet Police Chief William Evans, the Joliet Police Department and the City of Joliet.
Lanita Harris’ lawsuit accuses Haiduke and Banning of excessive force. The lawsuit accuses all defendants of Victor Harris’ alleged wrongful death.
Joliet police officials have not yet responded Friday to a message regarding the lawsuit.
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The lawsuit claims that the city, police department and Evans have “knowledge of pattern and practice” of officers failing to use reasonable force, failing to deescalate confrontations with Black suspects and failing to use “deadly force under appropriate circumstances” with respect to Black men.
The lawsuit cited the a story from nonprofit news organization The Appeal regarding lawsuits from Joliet police officers. The lawsuit also cited Konika Morrrow’s 2020 excessive force lawsuit and the 2020 lawsuit over the death of Eric Lurry, who died from an overdose of drugs he put in his mouth after his arrest.
Before the shooting of Victor Harris, officers had been called to the 600 block of Elmwood Avenue for a report of shots fired, according to a summary of the investigation conducted by the Will-Grundy Major Crimes Task Force.
Officers saw Victor Harris “brandishing a firearm” and ordered him to “put the weapon down,” according to task force officials.
“[Victor Harris] refused to comply with officers’ orders. Two Joliet police officers fired at [Victor Harris], striking him numerous times,” task force officials said.
On Feb. 8, Will County Assistant State’s Attorney Michael Fitzgerald provided the task force with the results of the prosecutors’ review of their investigation.
Fitzgerald told the task force that there is “no basis to prosecute any law enforcement officer involved in the officer-involved death of Victor Harris.”
No further details were provided in the task force summary about why the state’s attorney’s office declined to pursue charges.
Glasgow has not publicly released any letter with his legal findings on the Victor Harris shooting as he did with the 2019 police shootings of Bruce Carter and Nakia Smith.
Besides the lawsuit, Lanita Harris also filed an emergency motion to be appointed as the special representative of her husband’s estate. That motion was denied by U.S. District Judge Steven Seeger. However, Seeger ruled the woman’s attorneys could file a motion for reconsideration of his ruling.