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WHITSON v. GILBERG

No. CV 09-4748.

792 F.Supp.2d 639 (2011)

John T. WHITSON, Jr., Plaintiff, v. Thomas J. GILBERG, Jr., individually and as a member of the Suffolk County Police Department, Greg Mineo, individually and as an Assistant District Attorney with the Suffolk County District Attorney's Office and The County of Suffolk, Defendants.

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

June 13, 2011.

Attorney(s) appearing for the Case

Kujawski & Dillicarpini, Esqs., by Bryan Q. Kujawski Esq. , Deer Park, NY, Attorneys for Plaintiff.

Christine Malafi, Esq. , Suffolk County Attorney, by Brian C. Mitchell, Esq. , Deputy County Attorney, Hauppauge, NY, Attorney for Suffolk County Defendants.

McCabe Collins McGeough & Fowler, by David T. Fowler, Esq. , Teresa Campano, Esq. , Carle Place, NY, Attorneys for Defendant Gilberg.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a civil rights lawsuit commenced by Plaintiff John Whitson ("Plaintiff" or "Whitson"), arising out of his May 2007 arrest on charges that he was involved in sale of drugs to undercover police officers. After the Prosecutor declined to pursue charges, Plaintiff commenced this federal action, alleging a claim pursuant to 42 U.S.C. § 1983 ("Section 1983"), and a related state claim. While Whitson...

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