A former SkyWest pilot has sued two police officers for wrongful arrest.
Russell Duszak claims he was arrested in the cockpit of a plane on suspicion of being intoxicated at Rapid City Airport.
Duszak says he has been unable to find work since the incident nearly three years ago.
Officer Paul Hinzman took Duszak off the plane after detecting a ‘slight’ hint of alcohol but no sobriety test was initially carried out.
According to the lawsuit Duszak demanded a blood test but was denied.
A second officer, Jerred Younie, was called and a portable breath test was then carried out which showed an alcohol reading of .04.
The Federal Aviation Administration’s limit is exactly 04.
That alone would likely not be enough to secure a conviction.
"Younie did not arrest Mr. Duszak after administering the PBT because he did not know what to do. He was confused regarding the law and Mr. Duszak showed no signs of impairment. Younie did not know if Mr. Duszak had committed any legal violation," the lawsuit stated.
"Younie left the airport to seek further advice from his superiors. However, Younie left Mr. Duszak detained in a room where he was unable to leave and directed that he be detained until he got further guidance and knowledge."
After four hours in custody police then arrested him on suspicion of operating a plane above the legal limit ‘without evidence.’
He was then given a blood test which recording only a trace amount of alcohol.
Pennington County State’s attorney later dropped the charges.
The lawsuit seeks damages for illegally detaining Duszak, depriving him of due process and alleges malicious prosecution by officer Younie.
