BENTON - A motorist is suing the City of Herrin in federal court after he was allegedly arrested for drunk driving without probable cause.
According to the lawsuit, plaintiff James Giesler claims he was wrongfully arrested while running errands during the birth of his grandchild, and there was no reason for his arrest as there was no evidence he had been drinking.
Giesler filed suit May 5 in the U.S. District Court for the Southern District of Illinois against the City of Herrin and Officer Dylan Sollars. Giesler alleges violations of his civil rights, including unlawful detention, arrest, confiscation of property, and malicious prosecution.
According to the complaint, Giesler was allegedly driving Herrin late on May 6, 2018. He claims he was running errands for his daughter, who was in the hospital to deliver a baby. He claims he was obeying all the traffic laws, the suit says.
While he was out, he alleges Sollars stopped him and asked him to take tests for drunk driving. Giesler claims a breath test failed to detect any alcohol, and there was no other evidence he had been drinking, Giesler claims he was still arrested for driving while under the influence and brought to the police station. He alleges he was handcuffed so tightly it left him in pain, according to the suit.
His car was impounded, along with all his keys, including the keys to his house. Giesler claims he had to pay for the vehicle's return, fight the criminal DUI and lost wages as he was unable to travel to work for a period of time, the complaint alleges.
The city has "an informal policy and/or custom encouraging its police officers to make as many DUI arrests as they can manage without regard to the existence of probable cause," the suit states.
Giesler adds that the DUI and other charges were tried and resulted in not-guilty verdicts.
Giesler, who is seeking compensatory and punitive damages, is represented by William P. Atkins of Johnson, Bounce & Noble in Peoria.
US District Court for the Southern District of Illinois case number 3:20-cv-00412.