Due to a legal filing error, a $40 million lawsuit against Suffolk County over the hate-crime killing of Ecuadorian immigrant Marcelo Lucero was dismissed today.
A federal judge has thrown out a $40-million lawsuit against Suffolk County and its police department in the 2008 hate killing of Ecuadorean immigrant Marcelo Lucero.
The order from U.S. District Judge Leonard D. Wexler, issued on June 11 and placed in the public record on Thursday, affirms an earlier finding that those county government bodies were never properly notified of the lawsuit, invalidating it.
Joselo Lucero, the brother of the victim, said his family is upset with the judge’s decision to close the case based on a technicality and before their claims are heard.
But he vowed to seek “other options” so the lawsuit could proceed.
“Honestly, I have no words to react to this decision,” said Lucero, 37. “If we have to take these documents to a higher court to have the case heard we are going to do it … I believe that this court is rushing to decide everything in the county’s and police’s favor.”
County officials did not immediately respond to requests for comment.
To view the original complaint filed by the Lucero estate, click here.