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Judge Throws Out Lawsuit Against County For Lucero Murder

The $40 million lawsuit is reportedly thrown out on technicality, reports Newsday.

The $40 million federal lawsuit originally filed in November 2010 against Suffolk County for a possible connection with the 2008 killing hate crime of Marcelo Lucero in Patchogue was thrown out by a federal judge on technicality, reports Newsday.

As , the Lucero estate's attorney delivered the summons and complaint to the wrong location, resulting in improper notice of the lawsuit.

The order dismissing the case was issued from U.S. District Judge Leonard D. Wexler on Thursday, but was dated on Monday.

Joselo Lucero, Marcelo's brother, told Newsday that his family was upset that their claims will not be heard.

"If we have to take these documents to a higher court to have the case heard, we are going to do it," Lucero says in the article.

However, the article also says that due to a three-year statue of limitations having expired, the lawsuit cannot be refiled.

The lawsuit is reported to claim that the county and police department intentionally failed to provide equal protection for immigrants. The lawsuit also reportedly is filed against Suffolk County, its police department and ten unidentified officers.

Suffolk County spokeswoman Vanessa Baird-Streeter is quoted as saying that officials are pleased with the ruling and that it supports their contention that the County was not served properly.

Source: Newsday (subscription)

VIA: Washington Post

John Bogack June 22, 2012 at 12:00 PM
Whatevert the merits of the law suit it now seems history. I find it incredible that the attorney for the estate somehow let an important procedural misstep go unnoticed long enough that it fatally undermined the case before it began. I understand that the estate still has several other law suits pending one in particular being a lawsuit for civil damages against the parents of all the minors involved in the killing of Marcelo Lucero. I would recommend the obvious: new attorneys.
Patchogue Snoop July 02, 2012 at 05:02 PM
I would recommend that he go back to his country. It was a get rich quick scheme by a criminal who stayed in this country illegally. Good Idea John, lets put the families in ruin and on the street thereby hurting the siblings and making them homeless. Solves a lot of problems doesn't it? The case against those kids stunk to high heaven. At first Newsrag had it like a slaughter, surrounding and beating him....then ramming a knife into his heart. The only thing they left out was the eating it part. An absolute lie, it was nothing of the sort. Do you know who attacked who first? Who screamed the first racial words to whom? How Lucero died and where he was stabbed. Everyday we have crimes against whites committed by minorities just becasue they are white. I have never heard of a charge of a hate crime. God created all men equal, we live by equal application of the law. Most murders are hate based. Hate crime laws serve no purpose.
Patchogue Snoop July 02, 2012 at 05:08 PM
Oh, in answer to your statement regarding his attorney....is simple, he was the only money grubbing, unethical attorney willing to take his case. All in the hope of lining his pockets with half of the forty million!

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