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Federal judge throws out NY hate crime lawsuit because papers were incorrectly filed
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 (http://bit.ly/L72iYq ) 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, http://www.newsday.com