MEMORANDUM, DECISION & ORDER
McAVOY, Chief Judge.
I. BACKGROUND
This case stems from an eviction proceeding against Frederick Stronko and his family which took place in Herkimer County Court on November 28, 1988. Plaintiffs filed this case on November 28, 1988, the same day they failed to appear at the eviction proceeding. The suit claims that Herkimer County Judge John W. Bergin violated the plaintiffs' civil rights in carrying out the eviction...
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