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YAJURE v. DIMARZO

No. 00 Civ. 7423(CM).

130 F.Supp.2d 568 (2001)

Eileen YAJURE and Jorge Yajure, Plaintiffs, v. Richard DIMARZO, individually, Eugene Tumulo, individually, John Kelly, individually, and The City of Peekskill, New York, Defendants.

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

February 14, 2001.

Attorney(s) appearing for the Case

Jonathan Lovett, Lovett & Gould, White Plains, NY, for Plaintiffs.

Paul Shechtman, Stillman & Friedman, New York City, for Defendants.

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

MCMAHON, District Judge.

Plaintiffs bring this action against defendants Acting Director of Public Works Richard DiMarzo, Chief of Police Eugene Tumulo, and Mayor John Kelly in their individual capacities, and The City of Peekskill, New York, under 42 U.S.C. § 1983 for (1) selective prosecution in violation of their rights guaranteed under the Equal Protection Clause of the Fourteenth...

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