COUNT II
(Fifth Amendment Violations)
88. Plaintiff realleges paragraphs 1 through 87 as if fully set forth herein.
89. Plaintiff enjoys a liberty interest in his personal security and in being free from the government's use of unnecessary and excessive physical force against his person, without due process of law, as guaranteed by the Fifth Amendment to the United States Constitution.
90. Defendants, acting under color of federal authority, personally directed and caused a raid on the Gonzalez family's home, and/or had actual knowledge of, agreed to, approved of and/or acquiesed in a raid conducted in such a manner as to violate Plaintiff's personal security and resulted in unnecessary and excessive physical force being used against Plaintiff, without due process of law. 91. The amount of force that Defendants caused to be unleashed against Plaintiff was so unreasonable and excessive under the circumstances that it offends traditional cannons of decency and fairness afforded even those charged with the most heinous offenses. Defendants' conduct would have been unjustified even if it had been accompanied by the most stringent of procedural safeguards.
92. The actions of the federal agents, under the personal direction of Defendants, and/or with the knowledge, agreement, approval and/or acquiescence of Defendants, directly and foreseeably resulted in the deprivation of Plaintiff's liberty without due process of law, in violation of the Fifth Amendment.
93. Defendants acted maliciously, willfully, and knowingly, and with specific intent to deprive Plaintiff of his constitutional rights, and/or with deliberate indifference to Plaintiff's constitutional rights.
94. As a direct and proximate result of the violation of Plaintiff's constitutional rights, Plaintiff suffered substantial damages.
WHEREFORE, Plaintiff demands judgment be entered against Defendants, jointly and severally, including an award of compensatory damages, punitive damages, reasonable attorneys fees, pre-judgment interest, post-judgment interest, costs in excess of $100,000,000.00, and such other relief as the Court deems just and proper.
Plaintiff respectfully demands a jury trial on all issues so triable.
Respectfully submitted,
JUDICIAL WATCH, INC.
__________________________
Larry Klayman, Esq.
Florida Bar No. 0246220
Paul J. Orfanedes, Esq.
(Not a Member of the Florida Bar)
Suite 725
501 School Street, S.W.
Washington, DC 20024
Tel.: (202) 646-5172
Fax.: (202) 646-5199
Attorneys for Plaintiff
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