DEKALB (WIFR) -- The family of an NIU student who died after a night of heavy drinking, has filed a wrongful death lawsuit against the fraternity he was pledging.

19-year-old David Bogenberger was found dead at his Pi Kappa Alpha fraternity in early November. Toxicology results found his blood alcohol content was five times the legal limit.

The lawsuit says member of the fraternity failed to seek medical attention when Bogenberger became unconscious.

Five members of the frat have been charged with felony hazing, seventeen others face misdemeanors.