BESS v. SPITZER

No. 06 CV 2772(ADS)(ETB).

459 F.Supp.2d 191 (2006)

Brian N. BESS, a member of the Shinnecock Indian Nation, residing on the Shinnecock Indian Nation Reservation, Plaintiff, v. Eliot SPITZER, in his official capacity as Attorney General of the State of New York, Andrew S. Eristoff, in his official capacity as Commissioner of the New York State Department of Taxation and Finance, Kristen M. Bowes, in her official capacity as prosecuting attorney in the Bronx, New York, District Attorney's Office, George K. Nohai, in his official capacity as Lieutenant, Special Investigations Unit, New York State Police, Jose A. Febo, in his official capacity as Investigator, New York State Police, Leslie G. Millington, in his official capacity as Senior Investigator, New York State Police, William Hulse Jr., in his official capacity as Investigator, New York State Police, Eleven Unknown State Police Troopers in their official capacities, and One Unknown Town of Southampton Police Office in his official capacity, Defendants.

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

November 18, 2006.


Attorney(s) appearing for the Case

Moore International Law Office by Scott M. Moore, of Counsel, New York, NY, for Plaintiff.

Eliot Spitzer, State of New York, Office of the Attorney General by Ralph Pernick, Assistant Attorney General, Mineola, NY, for State Defendants.

Michael A. Cardozo, Corporation Counsel of the City of New York by Jennifer L. Rubin, Leticia J. Santiago, of Counsel, New York, NY, for Defendant Kristen M. Bowes.

No Appearance for Defendants George K. Nohai and Leslie G. Millington.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Brian N. Bess (the "plaintiff') commenced this action against Eliot Spitzer, Andrew S. Eristoff, Jose A. Febo, William Hulse, Jr. (collectively, the "State Defendants"), George K. Nohai ("Nohai"), Leslie G. Millington ("Millington"), Kristen M. Bowes ("Bowes"), and certain unnamed police officers seeking declaratory and injunctive relief related to the search of his premises, the seizure of his...

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