Elián's family sues Reno, officials
The Gonzálezes say the raid taking the boy from their home violated their civil rights.
BY ANA ACLE
The Miami relatives of Elián González filed a lawsuit
Thursday in federal court
against U.S. Attorney General Janet Reno and other government
officials,
claiming the armed raid that removed the 6-year-old boy from
their home violated
their civil rights.
Lázaro, his wife, Angela, and daughter Marisleysis González
said the government
conspired to violate the family's right to assemble, to be free
from an
unreasonable search and seizure, and to be free from the use
of unnecessary and
excessive force by the government without due process of law.
``The last time I saw anything like that was in films of postwar
Germany where the
Nazis were just doing whatever they wanted to and invading people's
homes even
without cause,'' said the family's lawyer, Ron Guralnick.
Both the Justice Department and the Immigration and Naturalization
Service
defended their actions.
``Unfortunately, the González family's refusal to comply
with a lawful federal order
and their statements that they would never give up the child
except by force
compelled us to take enforcement actions,'' Justice Department
spokeswoman
Carole Florman said.
``We still believe our actions were appropriate and lawful.''
The González family took in Elián in November, after
the boy survived a sea
voyage from Cuba that killed his mother and 10 other people.
They sought
custody of the boy. His father, back in Cuba, demanded the boy's
return.
WARRANTS QUESTIONED
The crux of the suit rests on the information the government used
to obtain an
administrative arrest warrant for Elián and a search warrant
of the González
home. The family claims that Reno, Immigration and Naturalization
Service
Commissioner Doris Meissner and her deputy Eric Holder knew the
warrants were
issued on false information.
The lawsuit also claims the predawn raid on April 22 violated
an 11th Circuit Court
of Appeals ruling prohibiting any party -- including the government
-- from taking
Elián back to Cuba.
``They used that illegal arrest warrant for substantiation for
what now becomes an
illegal search warrant,'' said Guralnick, who successfully represented
Eula
McDuffie in the civil suit filed in the death of her son, insurance
agent Arthur
McDuffie. His co-counsel is Frank Quintero.
The family also is suing for damages, including mental distress,
physical injury
and property damages. They've also made a claim for punitive
damages.
Guralnick would not give a dollar figure: ``A jury will have to
determine, since we
all have the same constitutional rights, what they believe the
value of their
constitutional rights.''
Some law experts said that they believe the raid may have been
unconstitutional,
but the family's attorneys will have a hard time proving that
U.S. officials knew the
warrants were based on false information.
``Although I believed and continue to believe that the correct
interpretation of the
Constitution would have prevented the use of the raid to find
and seize Elián, I've
always believed it was a difficult and close question,'' said
Laurence Tribe,
professor of constitutional law at Harvard University, who has
not read the
complaint.
HISTORY OF SUPPORT
Said John de Leon, president of the Greater Miami chapter of the
American Civil
Liberties Union, who read the complaint: ``The ACLU has historically
supported
the rights of individuals who feel they have been aggrieved by
the government to
access the courts for redress, and that's what is occuring here.''
A similar lawsuit seeking $100 million in damages was filed in
May by rescuer
Donato Dalrymple, who claims his rights were violated during
the raid. Fifty-three
people have since joined Dalrymple as plaintiffs. They are being
represented by
Judicial Watch, a conservative watchdog organization in Washington
D.C.
``We're happy to have Lázaro and company join the quest,''
said Larry Klayman,
chairman and general counsel for the group, who said they are
moving forward
after a judge denied a motion by government attorneys to stop
discovery.
In addition to naming Reno and Meissner, the González suit
lists as defendants,
former Miami Police Chief William O'Brien, who could not be reached
for
comment; former Assistant Chief John Brooks, now a captain in
the Broward
Sheriff's Office, who did not return a phone call; and every
single agent involved in
the investigation, named and unnamed, including Betty A. Mills
who carried Elián
out of the house.
They hope to obtain those names through discovery.