On April 26th, 2025, CBS News reported that the family of a man who was killed by law enforcement officers in Kane County have filed a wrongful death lawsuit. James Moriarty—a 38-year-old man who was involved in a police chase after an alleged carjacking in Aurora in 2023—was shot and killed after officers reportedly mistook an airsoft gun for a real firearm. Here, our Chicago wrongful death attorney discusses the case in more detail.
Allegations: Unnecessary Use of Deadly Force By Police in Kane County
On May 24th, 2023, James Moriarty, a 38-year-old man from Aurora, was involved in a fatal encounter with law enforcement. The tragic incident came after an alleged carjacking. According to a report from local news, Mr. Moriarty carjacked a woman at a Jiffy Lube in Aurora and then fled the scene in the stolen vehicle. Law enforcement officers allegedly pursued him through multiple suburbs during a high-speed chase. The chase lasted for a bit over ten minutes. The pursuit concluded at the intersection of Randall Road and Fabyan Parkway on the border of Batavia and Geneva, in Kane County. Police executed a Precision Immobilization Technique—also often referred to as a PIT maneuver—in order to stop the vehicle.
Upon exiting the vehicle, Mr. Moriarty was observed holding what police allegedly appeared to be a handgun. However, it was not a real weapon. The object was later identified as an airsoft replica. Officers claim that they issued multiple commands for him to drop the weapon—which he reportedly did not comply with. A police K-9 was deployed and managed to disarm Mr. Moriarty by knocking the replica gun from his hand. During the ensuing struggle, deputies fired multiple shots and killed Mr. Moriarty. The Kane County State’s Attorney concluded that the officers’ actions were justified under the circumstances and no charges were filed against them. However, the family strongly disagrees. They have filed a civil wrongful death lawsuit.
Family has Filed a Civil Wrongful Death Lawsuit
In April of 2025, the family of James Moriarty filed a federal wrongful death lawsuit against the Kane County Sheriff’s Office as well as Deputy Michael Widlarz as an individual. The lawsuit alleges that Mr. Moriarty—who only had an airsoft replica and no real weapon—was shot and killed after already being subdued by police. Indeed, the complaint argues that Deputy Widlarz fired 13 additional shots after Mr. Moriarty was in control of law enforcement and that it was those shots that ultimately caused his death. The wrongful death lawsuit is based on the grounds that the use of force was excessive and that it violated Moriarty’s constitutional rights.
Beyond that, the wrongful death lawsuit contends that Kane County Sheriff Ron Hain interfered with an Aurora Police Department operation intended to arrest Mr. Moriarty peacefully the day before the shooting. Aurora police had planned a stakeout to apprehend Mr. Moriarty without incident— but Sheriff Hain’s decision to impound Moriarty’s vehicle allegedly compromised the operation and led to the subsequent fatal encounter.
Understanding Section 1983 Lawsuits and Wrongful Death Claims in Illinois
A Section 1983 lawsuit is a federal civil rights claim that allows people to sue government officials—including police officers—for violations of constitutional rights under color of law. In Illinois, a wrongful death claim is a state-law action brought by a deceased person’s next of kin to recover damages for their loss. When combined, a Section 1983 wrongful death claim may be brought on the grounds that law enforcement’s excessive force or misconduct directly caused the death, violating the decedent’s constitutional rights. These lawsuits can seek both compensatory and punitive damages.
What Plaintiffs Need to Prove in a Wrongful Death Excessive Force Case
It is not sufficient to prove that a police officer killed a suspect (or other person) to bring a wrongful death claim. Plaintiffs must prove excessive force as part of a Section 1983 lawsuit for wrongful death. Here are the key things that must be established in order to bring a successful wrongful death lawsuit for excessive force in Illinois:
- Acting Under Color of Law: To start, the family must prove that the defendant officer was acting “under color of law.” In other words, they must prove that they were using the authority granted by a government agency—such as a police department—at the time of the incident. The key question is whether the officer’s conduct was linked to their official responsibilities. Private conduct, even by an officer, does not fall under Section 1983.
- Unreasonable Use of Force: The family must also prove excessive force. To succeed, plaintiffs must also demonstrate that the officer used force that was objectively unreasonable under the circumstances. Courts consider factors such as the severity of the crime, whether the suspect posed an immediate threat, and whether they were resisting or fleeing. Deadly force may be unlawful if not justified by the circumstances. The standard is judged from the perspective of a reasonable officer at the scene—not with hindsight. To be clear, force may be excessive even if the suspect actually did commit a serious crime such as carjacking. Police cannot lawfully kill a person who is already fully subdued.
Why Grieving Families in Chicago Trust Kennedy Watkins
The loss of a loved one due to misconduct by law enforcement is a horrible tragedy. At Kennedy Watkins LLC, our Chicago attorneys provide the top-tier advocate that grieving families can rely on. With a proven history of verdicts and settlements, our Chicago wrongful death lawyers have secured millions in compensation for clients. Your initial consultation with our Chicago wrongful death attorney is free, confidential, and carries zero obligations.
Contact Our Chicago Wrongful Death Attorney Today
At Kennedy Watkins LLC, our Chicago wrongful death lawyers are standing by, ready to protect your rights and your family. If your loved one was killed by law enforcement, we can help. Call us now or get in touch with us online for your no cost, no obligation, and fully confidential initial consultation. We represent grieving families in Chicago, Cook County, and throughout all of Northern Illinois.