MOUNT CLEMENS — A Macomb County Circuit Court judge dismissed a lawsuit against a Clinton Township party store after the petitioner, a man who robbed it, couldn’t afford to post a surety bond for the case to continue.

Circuit Judge David Viviano had asked that Scott Thomas Zielinski of New Haven post a $10,000 bond in order to continue with his case against Nick’s Short Stop to cover attorney fees and court costs in the event that he lost the suit.

Zielinski, who turns 24 on Dec. 14, robbed the party store on Cass Avenue of cash, cigarettes and liquor in 2007 while armed with a knife. An employee of the store shot Zielinski in the back and arm as he fled the store with the goods, and Zielinski later sued the employee, owner of the store, and other employees from his prison cell. He’s currently serving at least eight years for the robbery.

The lawsuit claimed that the employees practiced vigilantism by allegedly chasing him out into the parking lot and beating him after he was shot and had already dropped the stolen items. His attorney, Lindsay James, said it wasn’t an appropriate response to the crime.

“I understand why they’re upset with Scott Zielinski, but he’s serving his time for this,” James said. “The justice system didn’t say eight years (in prison) plus taking him outside to shoot him four times, pistol whip him and kick him.”

An attorney for the store and employees said the robbery victims were defending themselves, and that the lawsuit should not have been filed because Zielinski was committing a felony at the time and had admitted to that.

Asking for a plaintiff to post a bond in a civil case is uncommon but is allowed in certain situations in which the court believes the person filing the suit may be asked to pay the other party’s attorney fees.

“The court is basically saying, ‘I’ll let you proceed, but because I think the claims are so weak, I may have to award attorney fees to the other side at the end of it,’” James said. The bond would have ensured there’d be money leftover for Zielinski to pay, if necessary.

“He couldn’t afford it,” James said, adding that she was disappointed that Viviano required still required a bond after that was proven.

Brad Danek, an attorney representing the store, said the employees were relieved that the civil lawsuit was dismissed.

The case was dismissed Nov. 23. James declined to comment on whether or not Zielinski would appeal Viviano’s decision.