CENTRAL ISLIP – Former Suffolk County Republican Chairman John Powell, when he is released from federal prison later this month, is set to face a lawsuit alleging constitutional violations in an action brought by a real estate developer embroiled in a controversy of his own.

U.S. District Judge Denis R. Hurley, writing for Judge Jacob Mishler, has rejected a bid to dismiss a lawsuit brought by developer Robert I. Toussie against Mr. Powell, alleging �1983 violations. Also named as a defendant in the Toussie action is Representative Felix Grucci, the former supervisor of the Town of Brookhaven and now a U.S. Congressman.