DiBELLA v. COUNTY OF SUFFOLK, STATE OF N.Y.

No. CV 80-467.

574 F.Supp. 151 (1983)

Salvatore DiBELLA, Plaintiff, v. The COUNTY OF SUFFOLK, STATE OF NEW YORK, Francis J. Leonard, Frank Leake, Leonard Forte, Gerald Giammatteo and the District Attorney of Suffolk County, Defendants.

United States District Court, E.D. New York.

November 15, 1983.


Attorney(s) appearing for the Case

Levy, Feder & Becker, P.C., Brooklyn, N.Y., for plaintiff; Frederick Feder, Brooklyn, N.Y., of counsel.

David J. Gilmartin, Suffolk County Atty., Hauppauge, N.Y., for defendants; V. Anthony Maggipinto, Hauppauge, N.Y., of counsel.

Sullivan, Spota, Malito & Mazzei, Mineola, N.Y., for defendants, Francis J. Leonard, Frank Leake, and Gerald Giammatteo; Gerard B. Sullivan, Mineola, N.Y., of counsel.

Valdas C. Duoba, East Northport, N.Y., for defendant Leonard Forte.


BARTELS, District Judge.

On March 23, 1977, the plaintiff, Salvatore DiBella, an operator of a mobile catering business, was arrested, without a warrant, by the defendant detectives of the County of Suffolk, Francis J. Leonard, Frank Leake, Leonard Forte, and Gerald Giammatteo, for the misdemeanors of promotion of gambling and possession of gambling records. Because of delay in prosecution, the records in the case were inadvertently destroyed and in March, 1979, two...

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