NEW YORK (CBSNewYork) — The family of a 14-year-old Bronx boy who says he was thrown by cops through a plate glass window is planning to sue the city for $25 million.

The boy’s mother, Sharita Payne, told WCBS 880’s Marla Diamond she has waited long enough for the Bronx district attorney to decide whether to pursue criminal charges against Sgt. Eliezer Pabon.

“All I’m asking is justice to be done,” Payne said.

The May 17 incident left Javier Payne critically injured when shards of glass penetrated his lung, his family said.

“It has hurted him really bad,” the boy’s mother said.

The teen was arrested on Arthur Avenue for allegedly punching a man in the face. Javier Payne had his hands cuffed behind his back when the sergeant shoved him from behind into the window, said the family’s attorney, Sanford Rubenstein.

“This should not be happening in this city,” Rubenstein said.

The sergeants union has claimed the window was already cracked and gave way easily.

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