Here is some additional information on the Dalrymple suit from the Miami Herald On Line.
Man who helped save Elian says raid violated civil rights, sues for $100M
BY ANA ACLE
aacle@herald.com
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.''
CLAIMS INJURIES
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 But a government official, speaking anonymously, said letters issued to the family clearly stated the parole was revoked.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.''
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