Border Patrol's Bovino called to court after being accused of throwing tear gas canister in Chicago

Immigration officials say that Bovino, who was not wearing a helmet, was struck in the head by a rock. One protester who filmed the encounter disputes that he was hit.

CHICAGO — U.S. Border Patrol Commander Gregory Bovino is under intensifying scrutiny in Chicago after he was recorded on Thursday throwing what appeared to be a tear gas canister at protesters, leading attorneys to accuse him of violating a temporary restraining order that bans the use of tear gas, pepper spray and other tactics against journalists and protesters unless under imminent threat.

The Department of Homeland Security said in a statement that Bovino was struck in the head by a rock thrown by “hostile and violent” protesters, though several witnesses challenged that contention.

On Friday, Bovino was ordered to appear before a federal judge on Tuesday.

“The Court orders Defendants to produce Defendant Gregory Bovino, in person, for this hearing,” U.S. District Judge Sara Ellis stated in a written order.

Greg Bovino, US Border Patrol's commander-at-large, looks on during a protest outside the Immigration and Customs Enforcement facility in Broadview, Ill. on October 3.Octavio Jones / AFP via Getty ImagesBovino was already under court order to sit for a deposition in the same federal case alleging excessive use of force by immigration officers.