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L.I. Hate Crime Victim's Estate Files Civil Rights Suit

NEW YORK (AP/ 1010 WINS) -- The estate of an Ecuadorean immigrant filed a $40 million civil rights lawsuit Monday that blames police inaction over prior violence for the man's stabbing death during a confrontation with a mob of teens who had made a sport of targeting Hispanics.

The lawsuit was filed in U.S. District Court in Brooklyn against county and municipal governments and numerous officials who work for them.


1010 WINS' Mona Rivera reports

Marcelo Lucero, a 37-year-old dry cleaning worker, was walking with a friend near the Patchogue Long Island Rail Road station around midnight in November 2008 when a group of seven teenagers confronted them. During the ensuing brawl, Lucero and his friend were peppered with ethnic slurs and one of the teens fatally stabbed Lucero in the chest.

The killing focused attention on Suffolk County, which has seen an influx of immigrants from Central and South America in the past decade, and prompted a U.S. Justice Department investigation into the way police respond to bias attacks in the community. The Southern Poverty Law Center also has documented repeated attacks on Hispanics there since 2000.

The seven teens were convicted of hate crime-related charges. The teen who actually stabbed Lucero was convicted of manslaughter and was given a 25-year sentence; the others are serving lesser sentences. Most of the seven also admitted participating in prior attacks on Hispanics, including two earlier on the day Lucero was killed.

Fernando Mateo, leader of Hispanics Across America and a spokesman for the Lucero family, said police and political inaction contributed to an atmosphere where the teens felt they could attack immigrants with impunity.

"A lot of these kids felt they were supported by legislators, by law enforcement officers, that what they were doing was really just a joke,'' Mateo said. "It was a joke for these kids. It was play time.''

The defendants are Suffolk County and its police department, the town of Brookhaven and its public safety department, the village of Patchogue and its public safety and code enforcement department, and 10 "unknown police officers.''

Suffolk County and Patchogue officials did not immediately return calls seeking comment on Monday. A Brookhaven spokesman said he was consulting with the town's legal department.

The lawsuit notes that as far back as 2000, two Mexican day laborers were nearly beaten to death by a pair of white teenagers in nearby Farmingville. Three years later, teens burned a home inhabited by Hispanics to the ground after tossing fireworks through a window on the Fourth of July.

Advocates also have claimed harsh anti-immigration rhetoric by Suffolk County Executive Steve Levy and others created an inflammatory climate.

"When the leaders are engaging in hate language, what do you expect impressionable teenagers to do?'' asked Kevin Faga, the attorney for Lucero's estate.

Levy, who made an unsuccessful bid for governor this year, has adamantly rejected those allegations. The county police department has also taken steps, including assigning Spanish-speaking officers to the community, to address criticisms.

Besides the federal lawsuit, the Lucero estate also has filed a lawsuit in state court against the families of the seven assailants.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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