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