Pi Kappa Alpha fraternity members were charged in the lawsuit filed by Bogenberger's family. Bogenberger was found dead in his fraternity house on the DeKalb campus of Northern Illinois University in November 2012. His blood alcohol content was five times the legal limit.
The lawsuit alleges Bogenberger died after participating in a hazing ritual at the now-closed fraternity house in which new pledges were ordered to go room-to-room chugging alcohol.
Five fraternity members -- Steven Libert, Omar Salameh, Alex Jandick, Patrick Merrill and James Harvey -- filed a motion that their case should be dismissed because the Illinois hazing law is too vague.
Twenty-two Pi Kappa Alpha members were charged in connection with the death.