CHICAGO – Attorneys for the Chicago Headline Club have filed a notice in the U.S. District Court for the Northern District of Illinois alleging that agents from the Department of Homeland Security violated a temporary restraining order limiting federal agents’ use of force, including crowd control devices.
The filing claims that on Oct. 23, 2025, federal agents led by Chief Gregory Bovino used tear gas and excessive force during a protest in Chicago’s Little Village neighborhood, disregarding the court’s orders.
The document stated that during the demonstration, Bovino “appeared to exhibit disregard for the Court’s order” and “was apparently the first federal agent to throw a tear gas canister into the crowd,” without warning. When civilians attempted to deescalate the situation, federal agents allegedly deployed riot control weapons on the group.
According to the filing, witness Yohano Sotelo was standing just feet away from Bovino and filmed the incident as Bovino threw a second canister of tear gas without warning, followed by another agent. Sotelo said federal agents shoved and pushed bystanders for “no apparent reason.”
The Department of Homeland Security later issued a public statement justifying its actions, titled, “LAW AND ORDER WILL TRIUMPH IN CHICAGO.” In the statement, the agency claimed the rioters were “hostile and violent” toward agents, throwing rocks and other objects. Officials further asserted that Border Patrol agents gave multiple warnings and informed rioters that “chemical agents would be deployed if warnings were ignored.” The statement also said agents “properly used their training” to protect both the public and law enforcement officers.
Plaintiffs called the statement a “lie,” arguing the government is “inventing exigencies that do not exist” to justify violence against peaceful protesters “in order to provoke a reaction” and later use that reaction as a pretext. The filing noted that multiple declarants and video clips show the crowd was peaceful before Bovino threw the tear gas and that no warnings or dispersal orders were issued.
The document also highlights Bovino’s post-incident comments. “Did Judge Ellis get hit in the head by a rock like I did this morning?” he said in an interview. “Maybe she needs to see what that’s like before she gives an order like that.” The filing added that Bovino expressed “disdain for the Court’s authority to enjoin his unlawful conduct,” saying he takes orders from the executive branch.
Despite investigation, the filing states that plaintiffs are “not aware of any evidence that Defendant Bovino was struck with any object during the incident.”
The plaintiffs also allege other agents violated the same restraining order. Declarant Enrique Bahena was reportedly shot in the neck with a pepper ball by an unidentified officer, leaving a large welt and instilling fear about attending future events.
Another agent allegedly pointed both a pepper ball gun and a real gun at Declarant Chris Gentry, a “combat veteran who was lawfully standing on the side of the road,” while saying, “bang, bang” and “you’re dead liberal.” The plaintiffs noted that agents were photographed wearing body-worn cameras, but despite requests for footage, they have not “received any response.”
The court document lists several violations of the TRO, including the use of tear gas and pepper spray on peaceful protesters, firing projectiles above crowds, using force against nonviolent civilians, deploying riot control weapons without audible warnings, and failing to display visible identification.
In conclusion, the plaintiffs urged the court to “enter any relief that the Court deems just and proper.” They said they plan to seek additional relief based on these and other incidents occurring throughout the Northern District of Illinois.
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