Man sues City of Chicago, police officer; claims officer threatened him at gun point

A man is suing over claims he was threatened at gun point by a Chicago police officer.

Oscar Cervantes Jr. filed a lawsuit Feb. 26 in the Cook County Circuit Court against the City of Chicago, Joseph Oskvarek, Taqueria Los Comales and Taqueria Los Comales No. 1 Inc., citing negligence, affliction of emotional distress, assault and false arrest and imprisonment.

He claims Oskvarek assaulted him at gun point on Feb. 28, 2012 in the parking lot of Los Comales restaurant at 3141 W. 26th St. in Chicago's Little Village neighborhood.

Cervantes alleges that Oskvarek, without cause, threatened and fired at him with his gun, causing him severe emotional distress. The suit states Cervantes was then arrested and imprisoned on the false charges of attempted murder of a police officer.

He is seeking damages in excess of jurisdictional minimum and is being represented in the case by attorneys Elizabeth A. Kaveny and Brian T. Monico of Burke Wise Morrissey and Kaveny LLC in Chicago.

Cook County District Court Case No. 2014L001977.

This is a report on a civil lawsuit filed at the Cook County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.