CHICAGO (CN) - Police in a far west Chicago suburb assaulted an unconscious man, flipped his body in somersaults and hogtied him, and permanently disabled his mother as she tried to intervene, the family claims in court.
The Flerlage family sued the Village of Oswego and five of its police officers, the Kendall County Sheriff's Office and several other officials, in Federal Court.
Lead plaintiff Bonny Flerlage, the mother, sued on her own behalf and for her children, Tyler and Alexia Flerlage and Austin Decowski.
Austin Decowski, 23, is the old brother of 19-year-old Tyler Flerlage.
"On the evening of August 25, 2011, Austin Decowski and a friend, Blake Osborne, went for dinner and drinks at Buffalo Wild Wings for some wings and a couple of beers," the lawsuit states.
"The two were to call Bonny Flerlage when finished so that she could pick Austin Decowski and Blake Osborne up.
"At about 11:30 that evening, Austin Decowski called Bonny Flerlage to inform her that Austin Decowski and Blake Osborne were walking home but Bonnie Flerlage insisted on picking them up.
"As Austin Decowski and Blake Osborne proceeded down Douglas Rd., Bonny Flerlage, taking her son, Tyler Flerlage and daughter, Alexia Flerlage, with her, began to drive towards the location of Douglas Rd. and Bluegrass Pkwy.
"When Bonny Flerlage arrived she found Blake Osborne standing over Austin Decowski in a straddling position, attempting to lift him up.
"Because there was no shoulder in the road, Bonny Flerlage had her car stopped in a lane of traffic.
"Tyler Flerlage exited the vehicle to find out what was going on.
"Austin Decowski was yelling, 'Leave me alone! I am not going anywhere with you!'
"As Blake Osborne and Tyler Flerlage attempted to get Austin Decowski up and into the car, he became more agitated, yelling, 'I don't know you! I am not going anywhere with you!'
"When Austin Decowski was asked to please do it for his son Brycen, Austin Decowski responded, 'Fuck Brycen. Who the hell is Brycen?'
"Bonny Flerlage, who originally thought her son was intoxicated, realized there was something seriously wrong medically wrong with him.
"As she was a nurse, who knew her son was not a heavy drinker, she wondered whether he may have fallen victim to a date rape drug of some sort."
As his family tired to help Decowski, a passing car called 911 and reported that five people were attacking a boy on the ground.
Defendant Oswego police Officer R. Melhouse responded, joined moments later by defendant Officer Brian Nehring.
"Defendant Officer Melhouse runs up to the scene and screams, 'Get the fuck out of the way!'," the complaint states.
It continues: "Alexia Flerlage and Tyler Flerlage immediately jumped out of the way, assuming that defendant Officer Melhouse was there to help them.
"Defendant Officer Melhouse straddled Austin Decowski and smacked him in the head with defendant Officer Melhouse's flashlight, knocking him unconscious with the first blow.
"Bonny Flerlage, Alexia Flerlage were all screaming for defendant officer to stop.
"Defendant Officer Melhouse refused and continued to use his fists to beat Austin Decowski in the face with a closed fist, while Austin Decowski was clearly unconscious.