A $40 million lawsuit stemming from the 2008 stabbing death of Ecuadorian immigrant Marcelo Lucero  in New York's Long Island has been thrown out.  

Newsday reports a U.S. District Court judge denied the lawsuit because of a technicality. A process server delivered the court summons and complaint to a state criminal court building rather than the county clerk's office.

Lucero's family announced the lawsuit against Suffolk County and its police department last year. Lucero was fatally stabbed on Nov. 8, 2008, by a group of teenagers in Patchogue (PACH'-awg).

The violent beating and death of Lucero at the hands of a group of teenagers on Long Island in 2008 is the basis of a documentary entitled, "Not In Our Town: Light In The Darkness."

The attackers told a judge they targeted Hispanics for kicks.

Lucero's family filed a civil rights lawsuit claiming authorities failed to prevent the killing. His brother, Joselo Lucero, says he'll seek other options to have the lawsuit proceed.

The U.S. Department of Justice had urged the Suffolk County Police Department to strengthen its efforts to avoid hate crimes like the one the 2008 killing.

In a letter released in September of 2011, the department faulted the Long Island police department's procedures and pointed to warning signs that preceded Lucero’s murder.   

The department urged Suffolk County to revamp practices that it says have hurt relations with Hispanics.

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