The Miami Herald
May 23, 2000

 Man who helped save Elian says raid violated civil rights, sues for $100M

 BY ANA ACLE

 Exactly a month after federal agents snatched Elian Gonzalez from his arms,
 Donato Dalrymple filed suit Monday in federal court seeking damages in excess
 of $100 million from three top U.S. officials for violating his civil rights in the raid.

 The suit -- against U.S. Attorney General Janet Reno, Deputy Attorney General
 Eric Holder and Immigration Commissioner Doris Meissner -- could grow into a
 class action if it draws other protesters who were outside the Little Havana home
 when agents fired tear gas into the crowd. One other, Michael Stafford, 37, of
 Hollywood, joined Dalrymple on Monday.

 ``This is our civil rights,'' said Dalrymple, one of two men who rescued Elian from
 the sea on Thanksgiving Day. ``I'm bringing this lawsuit for freedom and liberty.''

 Dalrymple said officials violated his civil rights under the Fourth and Fifth
 Amendments of the U.S. Constitution, which guarantees freedom from
 unreasonable searches and seizures, and from unnecessary use of force without
 due process of law.

 Justice Department spokeswoman Carole Florman said simply: ``We will review
 the suit and we will respond in court.''

 As a result of the raid, Dalrymple said he suffered ``physical injuries from the use
 of pepper spray during the raid, fear for his life and liberty, pain, suffering,
 sleeplessness, emotional distress, and loss of reputation, among other
 damages,'' according to the suit.

 Harvard University Law Professor Martha A. Field, however, said the court usually
 doesn't find such injuries compelling.

 ``I think if he had been beaten up, but with the kind of damages plus the fact that
 it isn't his house, it's hard to imagine he'd get very far,'' Field said after reading a
 copy of the suit. ``His problem will be getting to the jury.''

 Dalrymple's attorneys also must prove that U.S. officials clearly violated
 established law, a difficult standard to satisfy.

 ``They must prove that they acted with deliberate indifference,'' Field said.

 One of the points in Dalrymple's suit states that Elian's parole was never revoked
 and therefore, the warrant issued for the raid was invalid. But a government
 official, speaking anonymously, said letters issued to the family clearly stated the
 parole was revoked.

 WATCHDOG GROUP

 Dalrymple is being represented by the Washington, D.C-based group Judicial
 Watch, which describes itself as a watchdog of government corruption. The group
 has filed several lawsuits against President Clinton and his administration.

 Former Miami attorney Larry Klayman, the group's chairman, made no excuses
 for the large sum being sought.

 ``We're not shy about it. We seek large damages because that's how you prevent
 this from happening again,'' Klayman said, adding that a Miami jury likely will be
 partial to their side.

 The Miami Gonzalez family maintains the raid was ``unlawful, unjustified and
 cruel.''

 ``It is every citizen's constitutional right to sue the federal government when the
 government abuses its power,'' family spokesman Armando Gutierrez said.

 He did not say whether the family will file a similar suit.

 ANOTHER SUIT?

 ``The Gonzalez family's main concern has always been Elian and his well-being,''
 Gutierrez said, adding that the family has not seen the boy since the raid and
 worries he is being indoctrinated with communist propaganda.

 The other protester introduced Monday, Stafford, said he was beaten and
 tear-gassed outside the home during the raid.

 ``How long do we allow this terrorism to go on?'' Stafford said. ``This is the United
 States, the land of freedom.''

 Saying they have a right to sue, Klayman said, ``my clients were harmed just as
 much as the Gonzalez family in that raid.''