fedden had in his possession the night .
suffolk county police said in a statement tuesday night that they do n't comment on pending litigation .
 
a spokesman for ruby tuesday could not be reached for comment tuesday night .
 
after police dropped him off , fedden , the owner of a popular local deli where cops were known to receive big discounts , drove off in one of the three cars parked in his driveway , according to the lawsuit .
the lawsuit also names the ruby tuesday restaurant in commack as being responsible for fedden 's intoxication .
( published wednesday , dec. 17 , 2014 ) a long island woman says in a lawsuit filed in federal court in central islip on monday that police decided not to arrest him on dwi charges earlier that night .
the lawsuit says that when peter fedden was in a car crash in july 2013 , officers drove him to his commack home , even though he was " severely intoxicated " and visibly injured .