Suit against Campton Hills police thrown out

A federal judge says Campton Hills police acted within the law when they released a suspected drunken driver who, within hours of leaving the police station on foot, was struck and killed by a vehicle.

"There is no constitutional right to be imprisoned," U.S. District Court Judge George M. Marovich ruled Tuesday in dismissing a lawsuit against the village and several police officers.

The family of 33-year-old Marcel Lizak of Montgomery had claimed Campton Hills police breached their duty "not to create danger that Lizak would otherwise not have faced" by allowing him to leave the police station after his truck was impounded Aug. 3, 2008, following a DUI arrest.

Police said Lizak had consumed 13 beers in five hours before his arrest, then three more at a local tavern after he was released. He was hit and killed by a sport utility vehicle near Route 38 and LaFox Road more than six hours after he was first stopped.

"The officers did not create Lizak's intoxication, and they did not make his intoxication worse. They made him better off by removing him from his truck," Marovich ruled.

Authorities believe Lizak was attempting to walk home when he was killed. Montgomery is roughly 18 miles from Campton Hills.