Elian rescuer, protester suing government officials

MIAMI - The man photographed holding Elian Gonzalez during the armed raid in which the Cuban boy was seized is suing federal government officials, saying his constitutional rights were violated.

The federal lawsuit filed Monday by Donato Dalrymple against Attorney General Janet Reno, Deputy Attorney General Eric Holder and Immigration and Naturalization Service Commissioner Doris Meissner seeks damages in excess of $100 million.

''The complaint alleges unnecessary and excessive physical force,'' said Tom Fitton, president of Judicial Watch, a conservative group that is providing legal representation for Dalrymple.

Dalrymple - who with his cousin rescued Elian from the water last Thanksgiving - claims his Fourth Amendment right against unreasonable search and seizure was violated when agents broke into the Little Havana home where Elian had been staying with relatives.

The suit also claims that Reno, Holder and Meissner violated his Fifth Amendment due process rights.

Department of Justice spokeswoman Carole Florman said her agency would review the lawsuit and respond appropriately in court.

In addition, the attorneys filed another lawsuit on behalf of Michael Stafford, a protester who claims he was beaten and tear-gassed during the raid. Stafford is also seeking damages in excess of $100 million.


On the Net:

Judicial Watch: http://www.judicialwatch.org


Use the comment form below to begin a discussion about this content.

Sign in to comment