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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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