CHICAGO – The family of a Montgomery man struck and killed by a car after he was released on bond for a drunken driving arrest, is suing Campton Hills police and a Wasco pub.
The lawsuit claims Campton Hills officers had a responsibility to keep Marcel Lizak safe, shouldn't have let him leave intoxicated, and in doing so, violated his rights.
The complaint also blames Old Towne Pub and Eatery in Wasco and two of its bartenders for serving an intoxicated Lizak, who reportedly had a blood alcohol level of 0.233 – nearly three times the state's legal limit.
In the lawsuit, Lizak's family also names the Village of Campton Hills, Police Chief Greg Anderson, officers Dennis Hughes and Randy Johnson, Old Towne bartenders Kim Weiss and Lorne Szorc, along with Christina M. Aichele of St. Cloud, Minn. – the driver of the car that struck Lizak the night of Aug. 2, 2008.
The complaint was filed Thursday in U.S. District Court's Northern District of Illinois.
The lawsuit, asking for $10 million in damages, states that police had a responsibility to Lizak as part of his 14th Amendment right, which ensures Lizak a "substantive due process right to life and freedom from state-created danger."
The complaint also states that the village has failed to properly train its officers to handle DUI arrests.
About 11:18 p.m., Lizak was struck on Route 38, near LaFox Road, according to police. He was airlifted to Good Samaritan Hospital in Downers Grove, where he was pronounced dead.
Five hours earlier, Lizak was pulled over and arrested by Campton Hills police after an officer noticed him driving erratically. He was then taken back to the police station and cited for DUI.
The lawsuit states that Lizak consumed 13 cans of beer that day, between the hours of 1 and 6 p.m.
After driving the wrong way on a road, an officer pulled Lizak over. During the traffic stop, Lizak kept giving the officer a receipt instead of his driver's license, the complaint states.
Lizak then hit himself on his vehicle when he got out of the car for sobriety tests, which he failed, the complaint states. The officer also noticed Lizak's shorts were unzipped.
Just before 7:30 p.m., back at the Campton Hills police station, officers began the booking process for Lizak's DUI charge.
During the booking, Lizak had slurred speech, kept wandering away and couldn't answer officers' questions, the lawsuit states.
Officers then told Lizak that he would have to post $100 bond, plus a $7 processing fee or would have to spend the night in jail.
After Lizak told the officers he didn't have any money, they told him to use his credit card, the lawsuit states.
The complaint also claims officers "forced" Lizak to post bond to avoid driving him to the jail.
After helping Lizak get his credit card out of his wallet, they let him leave, knowing he didn't have a car or a cell phone and lived about 20 miles away, according to the lawsuit.
Lizak walked out of the police station about 8:24 p.m., going to Old Towne – a five minute walk away, the complaint states.
After consuming four beers, according to the complaint, Lizak left on foot, heading south on LaFox Road and later was struck and killed on Route 38.
Old Towne owner Jason Cellini declined to comment, saying he hadn't heard of the lawsuit.
Campton Hills Police Chief Anderson said he hadn't been served as of Friday.
However, Anderson said, a review after Lizak's death showed his officers acted "lawfully and properly."
"We deny any wrongdoing at all," he said.
Campton Hills village attorney William Braithwaite could not be reached for comment Friday evening.
Aichele could not be reached for comment Friday.
