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DeMEO v. KEAN

No. 1:07-CV-1275.

824 F.Supp.2d 334 (2011)

Derek DeMEO, Plaintiff, v. Joshua KEAN; M.K. Reyner; Dorian Tucker; Phlip 'N Spill, Inc., Individually and doing business as The Bayou Café, Defendants.

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

November 15, 2011.

Attorney(s) appearing for the Case

Luibrand Law Firm, PLLC, Of Counsel: Kevin A. Luibrand, Esq. , Latham, NY, for Plaintiff.

Eric T. Schneiderman , Attorney General of the State of New York, Department of Law, Of Counsel: Charles J. Quackenbush, Esq. , Asst. Attorney General, Albany, NY, for Defendants Kean and Reyner.

Lemery, Greisler Law Firm, LLC, Of Counsel: Scott R. Almas, Esq. , Albany, NY, for Defendants Tucker and Phlip 'N Spill.

MEMORANDUM-DECISION AND ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiff Derek DeMeo ("plaintiff" or "DeMeo") filed a civil action against defendants alleging violations of his federal constitutional rights and New York state law arising from an altercation outside The Bayou Café located in Albany, New York, on December 10, 2006.1 The four defendants include New York...

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