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parole was revoked.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.''