Group Sues U.S. Over Elian Gonzalez Raid

AP ^ | March 13, 2003

[Indy Pendance]

MIAMI (AP) -- A lawsuit filed against the federal government Thursday claims more than 100 protesters were beaten and pepper-sprayed during the raid to seize Elian Gonzalez from his Miami relatives' home nearly three years ago.

The lawsuit was filed on the protesters' behalf by Judicial Watch, a conservative, Washington-based government watchdog group. It seeks punitive and compensatory damages.

The lawsuit claims federal agents used excessive and indiscriminate force during the early morning raid in 2000 to retrieve Elian and return him to his Cuban father.

The lawsuit details injuries that protesters said they suffered during the early morning raid and lingering medical problems they contend stem from the incident.

Department of Homeland Security spokeswoman Barbara Gonzalez said Thursday that she was not familiar with the lawsuit, which refers to the Immigration and Naturalization Service. The INS is now part of the newly created Homeland Security department.

Elian was rescued off Florida after his mother and most of the other boat passengers traveling illegally from Cuba died when their vessel capsized. He was placed with relatives in Miami who, backed by other Cuban exiles, fought to have him granted asylum in the United States. After a court battle, the father was granted custody of the then-6-year-old boy, who returned to Cuba in June 2000.

[Green Knight]

My mother, uncle, and their cousin were there at the time, and all three got pepper sprayed. What POSSIBLE threat did 3 unarmed, overweight, 50+ year-old man and two women pose to INS agents in body armor and armed with automatic weapons?

[oyez]

Of course Janet Reno's name will not be mentioned.

[Young Werther]

They're damn lucky that they weren't "koreshed!"

Of course, all the weenies that complain about Ashcroft's assault on civil liberties are strangly silent about the BBQ'd babies at Waco. Their civil liberties went up in smoke, unfortunately!

[Polybius]

The lawsuit was filed on the protesters' behalf by Judicial Watch......

The lawsuit is doomed.

[TennesseeProfessor]

Has Judicial Watch ever won a single case?

[Jael]

Ping

[broadsword]

Janet Reno will not be named because the law suit is against the agents who crossed line and assulted protesters. It is not against Janet Reno who crossed the line and assulted a little boy. As far as this article makes it seem.

It's interesting how the left wants America to be taken over by illegals but pull out the JBT's for a little boy. On the same note I find it interesting how us on right want closed borders except for a starry eyed boy. On the surface it looks like both have a double standard. But, that is the surface and I didn’t pay much attention to current events when this was going on.

BTW dose any one have that famous picture of the JBT pointing that SMG at the screaming Elian. This seamed to me as the perfect picture to represent the Clinton administration. I also notice how there have been absolutely no follow up articles on how Elian is doing in that communist wonderland.
Huuuuuuummmmmmmmmmmmmmm

[TennesseeProfessor]

Speaking only for myself, I think Elian should have been returned to his family. Under immigration laws, he had no right to stay here; sure Cuba is a miserable communist state, but do we really want to say that we'll give US citizenship to anyone who makes the crossing? And under family law, a minor child should be returned to his parents.

However, saying that he should be returned to his father in no way excuses the mass raid or shoving a machine gun in his face.

[Hillarys Gate Cult]

Klayman sued his own mother and won. I think that was about the only one.

[Sunnyvale CA Eng.]

Would have had more of a chance with Lionel Hutz (sp?) - attorney at law from the Simpsons. The filing of the case will now allow Judicial Watch to do more targeted fund raising in Miami.

[GOPyouth]

Gore can count that raid as one of the reasons he lost Florida. That was a sad day in America when they sent him back.

[Jimmy Valentine]

Elian Gonzalez was covered by a special law that says any Cuban refugee whose foot hits U.S. soil is automatically granted asylum. That is the difference.

Janet Reno, Eric ("we don't need a warrant") Holder, Doris Meissner, and both filthy Clintons will burn in Hell for what they did to that little boy.

[Green Knight]

Check post 13 to see why he could stay here legally. It was Janet Reno who was, surprise, surprise, breaking the law. Guess she had a different idea of what the definition of "is" is than those who wrote the law.

No way in hell should he have been sent back, though. For God's sake, his mother and step-father DIED to get him here. Should their sacrifice have been spit on like that by shipping him back? Their deaths don't mean a damn thing, now. Who here would like it if you sacrificed your life for your children so they could have a better life, only for some goon in the government to come along and undo what you did?

As for the father, we can't honestly know his motivations, as far as wanting Elian back. From what I heard, he knew ahead of time that Elian was coming, but didn't stop his mother from bringing him. Seems pretty clear he wanted Elian, here. Then when Elian became international news he suddenly wants his son back in Cuba? Come on. Castro was obviously pushing the guy, and the recent "election" the guy won was his pay-off for playing along.

As for Elian, himself, from what I've heard the kid's living a miserable existence. Castro, it seems, went back on his promise to not make Elian into a propaganda tool. What a surprise. Guess the word of a brutal, murdering communist dictator isn't worth anything, huh? /sarcasm

But of course, who am I to argue with the Almighty INS? The folks who ignore an illegal invasion in the southwest and don't pay any attention to illegal middle eastern men at flight schools who for some reason don't want to learn how to land their planes, but mobilized an army to get a little boy who's here legally after his mother died getting him here. GO INS! WHOO-HOO!

[Polybius]

..... And under family law, a minor child should be returned to his parents.

What is never considered by the "father's rights" side of this episode is how Elian's father, step-mother and half-brother were always kept under de facto house arrest by both Castro and Clinton.

An identical situation is happening in Iraq today in regards to the Iraqi scientists that the U.N. wants to interview.

The U.S. and Britain, as did Republican Congressmen in the Elian matter, want the scientists and their families to be interviewed outside of Iraq so that they can speak freely. The U.N. chief inspector Hans Blix, as Bill Clinton did in the Elian case, then enablems Saddam to maintain the scientists and their families as hostages and talking puppets by arguing that the Iraqi scientists and their families have a "right" to stay in Iraq.

Read the accounts of the SWAT team raid to seize Elian at gunpoint at great risk to Elian and all other persons in that house.

Who had veto power over any deal as negotiations were conducted that night with high profile third parties that included that the President of the University of Miami? Greg Craig, Castro's legal representatitive in the matter and one of Bill Clinton's impeachment attornies.

What was the final proposal on the table that Lazaro Gonzalez approved? That Elian's father, wife and other son, Elian and the Miami family would all move a NEUTRAL site with Miguel's father FREE of Communist Cuban agent oversight.

Did Janet Reno approve of this plan? Yes.

Did Greg Craig and his de facto client, Fidel Castro, veto it? Yes.

Who was in control there? Fidel Castro and Greg Craig, Bill Clinton’s impeachment lawyer. What was the common theme there? That Elian's father, wife and other son must always be kept under Castro/Clinton house arrest with his family held hostage by the Cuban agents that were allowed by Clinton to stay with Elian on U.S. soil on U.S. Government property.

The game that Castro and Bill Clinton played with the "rights" of Elian's father is identical to the game that Saddam and Hans Blix are playing with the "rights" of Iraqi scientists today.

[Luis Gonzalez]

"Speaking only for myself, I think Elian should have been returned to his family."

Elian Gonzalez WAS with his family here. He was born out of wedlock, and there were questions as to the legitimacy of the freshly-printed birth certificate produced by the Cuban government.

I guess the question to ask you is whether you believe that a family court should grant custody of an orphan born out of wedlock, to an individual claiming to be his or her parent without at least a DNA test being performed.

"Under immigration laws, he had no right to stay here"

Under immigration law he had every right to stay here, it's called the Cuban Adjustment Act. Not only that, but the INS has spcific guidelines on how to deal with children Elian's age in identical circumstances, rules and regs they ignored.

"but do we really want to say that we'll give US citizenship to anyone who makes the crossing?"

No one is granted US citizenship automatically, from any nation. Cuban refugees receive the status of "Parolee" upon arrival (they are considered political refugees), and then go through the normal process to become citizens.

"And under family law, a minor child should be returned to his parents."

If that's the case, then why was this pulled out from Florida Family Courts by Reno?

Could it be because Juan Miguel's claim to paternity would have come under scrutiny?

[Stage Fright]

Thank you. You included a lot of details I had never heard before.

[dfwgator]

For all intents and purposes, Fidel Castro IS Elian's father.

[RMDupree]

ELIANISTA BUMP!

We will NEVER FORGET!

[dalereed]

Thanks for straightening out the trolls!