CHICAGO — A suburban man is suing two Illinois State Police troopers in federal court, claiming they charged him with DUI even though they knew a breath test showed no alcohol in his system.
Connor Crouse was driving home from Six Flags Great America with his girlfriend when Trooper A. Ortiz stopped them on inbound I-94 around 9:30 p.m. on June 22, according to the lawsuit. Bad weather was moving in, and Crouse had been driving in the right-hand lane with the slower traffic.
Ortiz, whose first name is not listed in the court filing, immediately demanded Crouse’s license and insurance and asked Crouse if he had been drinking, according to the filing. It said Crouse answered that he had a small sip of his girlfriend’s margarita at the amusement park hours earlier.
His initial field Breathalyzer test allegedly returned a blood alcohol level of .013. The legal limit is more than six times higher than that. Crouse claims three more tests resulted in no readings higher than the first.
Despite that, Ortiz handcuffed Crouse and put him into his squad car, according to the allegations. Ortiz also had his girlfriend do a Breathalyzer test, telling her she registered six times the legal limit, the lawsuit says, but Crouse claims she was “certainly not over the legal limit.” Video shows her and Crouse walking normally and asking “intelligent questions,” according to the lawsuit.
It also says Ortiz filed a sworn report in which he claimed Crouse had “blood-shot glassy eyes, that he spoke in a slurred manner and that Connor had the strong odor of alcohol on his breath.” All of those allegations were false, according to the lawsuit.
At the police station, Crouse’s breath chemical test registered an alcohol level of .000, Crouse claims.
“Shockingly,” the lawsuit continues, Ortiz “created a false report and went forward with DUI charges against Connor” even though he knew about the test results.
Video footage allegedly contradicts Ortiz’s claims that Crouse crossed lanes unsafely and came close to striking other vehicles. And, even though Ortiz did not measure Crouse’s speed with radar or any other technology, the lawsuit claims, he reported that Crouse “was going exactly one mile an hour below the speed limit.”
The lawsuit also names ISP Trooper K. Kelliher for allegedly approving the DUI charges while knowing that Crouse’s blood alcohol test at the station was .000 and his highest field test was .013.
The troopers did not try to release Crouse’s car, and Crouse had to pay for towing and get a hearing to reclaim the vehicle, the suit claims.
He alleges illegal seizure and false arrest, malicious prosecution, and intentional infliction of emotional distress. The Cook County Record first reported on the lawsuit.
