U.S. District Court judge has dismissed a $40-million lawsuit filed by the estate of Marcelo Lucero against the Town of Brookhaven and Patchogue Village.

Judge Leonard D. Wexler last week granted a motion to dismiss by the town and village after each entity argued that it did not maintain its own police department and thus should not be part of the lawsuit also filed against Suffolk County, its police department and 10 unnamed officers.