PATCHOGUE - Officials say a technical error could cause a hate crime lawsuit against Suffolk County to get tossed out. Marcelo Lucero was killed during a hate crime in Patchogue in 2004.

Lucero's family filed a $40 million suit against Suffolk and the police charging that they failed to protect immigrants.

According to Newsday, the suit may have been accidentally delivered to the criminal court instead of the county clerk. The statue of limitations has expired, preventing the family from re-filing. Hundreds attend vigil for murdered Ecuadorian immigrantJustice Dept. report criticizes Suffolk's hate crimes unit Group wants discriminatory policing probe to include Suffolk exec.Final teen sentenced to 5 years in hate crime stabbing