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DeMEO v. KEAN

No. 1:07-CV-1275.

754 F.Supp.2d 435 (2010)

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 30, 2010.

Attorney(s) appearing for the Case

Luibrand Law Firm, PLLC, Latham, NY, Daniel J. Stewart, Brennan, White Law Firm, Queensbury, NY, for Plaintiff.

Charles J. Quackenbush, Esq, New York State Attorney General, Scott R. Almas, Gretchen M. Greisler, Lemery, Greisler Law Firm, Albany, NY, Karen Marcoux Mankes, Office of Karen M. Mankes, Schenectady, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiff Derek DeMeo ("plaintiff" or "DeMeo") brings this action against the defendants for violations of his federal and New York state constitutional rights and for state tort claims arising from an altercation outside The Bayou Café located in Albany, New York, on December 10, 2006. The four defendants include New York State Police...

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