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NY hate crime lawsuit invalidated on technicality

CENTRAL ISLIP, N.Y. (AP) – A judge has thrown out a $40 million lawsuit stemming from a 2008 hate crime killing on New York’s Long Island.

Newsday ( reports a U.S. District Court judge denied the lawsuit because of a technicality. A process server delivered the court summons and complaint to a state criminal court building rather than the county clerk’s office.

The family of Ecuadorean immigrant Marcelo Lucero (mar-SEHL’-oh loo-SEHR’-oh) announced the lawsuit against Suffolk County and its police department last year. Lucero was fatally stabbed on Nov. 8, 2008, by a group of teenagers in Patchogue (PACH’-awg).

The attackers told a judge they targeted Hispanics for kicks.

Lucero’s family filed a civil rights lawsuit claiming authorities failed to prevent the killing. His brother, Joselo Lucero, says he’ll seek other options to have the lawsuit proceed.

County officials haven’t commented.


Information from: Newsday,

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