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JEFFERSON v. ROSE

No. 12-CV-1334 (JS) (ARL).

869 F.Supp.2d 312 (2012)

Kevin JEFFERSON, Plaintiff, v. Edward ROSE, Police Officer, Shield No. 5098; Police Officer Cronin; John Doe, Patrol Unit 314; Barry Boe, Patrol Unit 323A; Freddy Foe, Patrol Unit 232A; Gregory Goe, Patrol Unit; County of Suffolk, Defendants.

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

April 23, 2012.

Attorney(s) appearing for the Case

Kevin Jefferson, Riverhead, NY, pro se.

Susan A. Flynn, Esq. , Suffolk County Attorney's Office, Hauppauge, NY, for Named Defendants.

MEMORANDUM & ORDER

SEYBERT, District Judge.

Pending before the Court is pro se Plaintiff Kevin Jefferson's ("Plaintiff") motion for a preliminary injunction. For the following reasons, Plaintiff's motion is GRANTED.

BACKGROUND

I. Legal Framework

New York Penal Law § 240.35(1) (the "Statute") provides that a person is guilty of loitering if he "[l]oiters, remains or wanders about in a public...

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