March 31, 2009
JOHN KOGUT, PLAINTIFF,
THE COUNTY OF NASSAU, POLICE COMMISSIONER DONALD KANE, POLICE COMMISSIONER WILLIAM J. WILLETT (2005), POLICE COMMISSIONER JAMES LAWRENCE, DETECTIVE SEAN SPILLANE (HEAD OF HOMICIDE 1985), DETECTIVE DENNIS FARRELL (HEAD OF HOMICIDE 2005), DETECTIVE JOSEPH VOLPE, DETECTIVE ROBERT DEMPSEY, DETECTIVE ALBERT MARTINO, DETECTIVE WAYNE BIRDSALL, DETECTIVE MILTON G. GRUBER, DETECTIVE CHARLES FRAAS, DETECTIVE FRANK SIRIANNI, DETECTIVE HARRY WALTMAN, P.O. MICHAEL CONNAUGHTON, P.O. WILLIAM DIEHL, AND JOHN DOES 1-5, DEFENDANTS.
JOHN RESTIVO, DENNIS HALSTEAD, MELISSA LULLO, JASON HALSTEAD, HEATHER HALSTEAD AND TAYLOR HALSTEAD, PLAINTIFFS,
NASSAU COUNTY, JOSEPH VOLPE, IN HIS INDIVIDUAL CAPACITY, ROBERT DEMPSEY, IN HIS INDIVIDUAL CAPACITY, FRANK SIRIANNI, IN HIS INDIVIDUAL CAPACITY, MILTON GRUBER, IN HIS INDIVIDUAL CAPACITY, HARRY WALTMAN IN HIS INDIVIDUAL CAPACITY ALBERT MARTINO, IN HIS INDIVIDUAL CAPACITY, CHARLIE FRAAS, IN HIS INDIVIDUAL CAPACITY, THOMAS ALLAN IN HIS INDIVIDUAL CAPACITY, RICHARD BRUSA, IN HIS INDIVIDUAL CAPACITY, VINCENT DONNELLY, IN HIS INDIVIDUAL CAPACITY, MICHAEL CONNAUGHTON, IN HIS INDIVIDUAL CAPACITY, WAYNE BIRDSALL, IN HIS INDIVIDUAL CAPACITY, WILLIAM DIEHL, IN HIS INDIVIDUAL CAPACITY, JACK SHARKEY, IN HIS INDIVIDUAL CAPACITY, DANIEL PERRINO, IN HIS INDIVIDUAL CAPACITY, ANTHONY KOZIER, IN HIS INDIVIDUAL CAPACITY, DETECTIVE SERGEANT CAMPBELL, (SHIELD #48), IN HIS INDIVIDUAL CAPACITY, SEAN SPILLANE, IN HIS INDIVIDUAL CAPACITY, RICHARD ROE SUPERVISORS #1-10, IN THEIR INDIVIDUAL CAPACITIES, DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge
Upon reviewing the circumstances of both of the above- captioned cases, the Court finds that consolidation of the cases is appropriate pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Both cases involve common questions of law and fact.
Plaintiffs John Kogut ("Kogut"), John Restivo ("Restivo"), and Dennis Halstead ("D. Halstead") allege inter alia, malicious prosecution, false arrest and imprisonment, and 14th Amendment due process violations by Defendants. All of these claims, along with those asserted by Melissa Lullo, Jason Halstead, Heather Halstead, and Taylor Halstead stem from Kogut's, Restivo's, and D. Halstead's wrongful convictions for the rape and murder of Theresa Fusco ("Fusco") in November 1984. Defendants are, inter alia, members of the investigative team who had primary responsibility for arresting, interrogating, and prosecuting Kogut, Restivo, and D. Halstead. All three were later exonerated by DNA evidence.
Pursuant to the Local Rules of this District, the cases shall be consolidated under the earliest filed case, Kogut v. County of Nassau, 06-CV-6695. The Clerk of the Court is directed to close the 06-CV-6720 action, and all papers are to be filed under the Kogut action, 06-CV-6695.
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