Report: Lawsuit Against County For Lucero Murder Hits Snag

A $40 million federal lawsuit originally filed in November 2010 against Suffolk County for a possible connection with the 2008 killing of Marcelo Lucero in Patchogue may have been stopped by a paperwork issue, reports Newsday.

Newsday reports that the Lucero estate's attorney delivered their summons and complaint to the wrong location, citing a U.S. magistrate judge's review. County officials claimed notice was never properly served, resulting in the judge stating on May 16 that the estate failed to meet the notification requirement.

U.S. District Court Judge Leonard D. Wexler is reported to be who will decide whether the case will proceed.

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.

Marcelo's brother, Joselo Lucero, told Newsday that he does not believe the County can hide behind a technicality.

"They have to take responsibility for what happened with the immigrant community, and especially with my brother," Joselo Lucero says in the report.

Joselo Lucero and advocate Fernando Mateo held a news conference Wednesday outside U.S. District Court in Central Islip, which Newsday reports was called for them to state their opinion that the lawsuit should continue.

"We are hoping that this is a nonissue," Mateo says in the report. "It's up to the judge to have compassion, to know that the Lucero family was a victim; that a brother, a son...was murdered viciously."

Sources: Newsday(1), Newsday(2)

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