Judge Rules Against 13 People in Lawsuit Over Elian Gonzalez Raid

[kskiska]

MIAMI (AP) - Thirteen people who were tear-gassed during the raid to seize Elian Gonzalez five years ago lost a lawsuit Friday in which they had sought $3.25 million in damages from the government.

U.S. District Judge K. Michael Moore issued a 19-page decision saying that the demonstrators and bystanders failed to show enough credible evidence that federal agents' use of force during the raid was "unreasonable under the circumstances."

The 13 people claimed they had been sprayed at close range while on their own property or behind barricades. Three neighbors testified that an agent gassed them without warning from 2 to 4 feet away as they stood alone in their fenced front yards.

Justice Department attorneys had said the tear-gassing of bystanders was "an unavoidable consequence" during the April 22, 2000, raid, which led to the 6-year-old boy's eventual return to Cuba with his father.

more…
http://ap.tbo.com/ap/breaking/MGBG4Q1ZE8E.html

[Hokie]

1. Another much to do over nothing

Remember the 24/7 coverage of the Elian Gonzalez story? Who cares now? You could say the same of Terry Schaivo. Who really cares after a few months. Cable news grabs these stories, milks them for days and then they are gone.

[Miss Chybil]

2. Collateral Damage. Move on. nt

[mia]

3. Welcome to Miami.

Don't forget the tear-gassing of bystanders during the FTAA meeting on Nov. 20..."police officers in full riot gear {used it} against a crowd estimated at 8,000 people, mostly union members and retirees."

http://www.commondreams.org/views03/1130-07.htm

[Anakin Skywalker]

4. Neener Neener Neener!

[bluestateguy]

5. Now that what, 5 years ago?

Forgive us if nobody cares anymore, but a lot more important stuff has happened since then.

You guys lost. Get over it.

[DoYouEverWonder]

6. Judge Rules Against 13 in Elian Raid Suit

May 7, 2005

MIAMI (AP) - A federal judge Friday ruled against awarding damages to 13 people who were tear-gassed by immigration agents during the raid to seize 6-year-old Elian Gonzalez in April 2000.

U.S. District Judge K. Michael Moore issued a 19-page decision saying that the demonstrators and bystanders failed to show enough credible evidence that federal officers' use of force during the raid was "unreasonable under the circumstances."

The 13 people had sued the government for $3.25 million, claiming they had lingering injuries after they were sprayed at close range while on their own property or behind barricades. Three neighbors testified that an agent gassed them without warning from 2 to 4 feet away as they stood alone in their fenced front yards.

But the judge agreed with the government's argument that officers did not use excessive force and that the plaintiffs failed to show that they were sprayed at close range. The April 22, 2000, raid led to the boy's eventual return to Cuba with his father.

http://www.guardian.co.uk/worldlatest/story/0,1280,-4988986,00.html

[ovidsen]

7. ever been tear gassed?

Well, I have. And, yes, I've read about it's effects. Only a handful of people suffer serious health problems after exposure to CS or CN. And only a handful of those suffer permanent ones (up to, and rarely including death).

For everyone else, being tear gassed is merely acutely uncomfortable for a short period of time. Sure, your eyes, nose, and throat burn. Sometimes you :puke:. But you're okay in a couple of hours. You sure aren't suffering to the tune of $250,000 each. These 13 plaintiffs are either wimps, or greedy, or both. :thumbsdown:

[Judi Lynn]

8. Judge Rules Against 13 in Elian Raid Suit

Judge Rules Against 13 in Elian Raid Suit

Saturday May 7, 2005 1:31 AM


By JENNIFER KAY

Associated Press Writer

MIAMI (AP) - A federal judge Friday ruled against awarding damages to 13 people who were tear-gassed by immigration agents during the raid to seize 6-year-old Elian Gonzalez in April 2000.

U.S. District Judge K. Michael Moore issued a 19-page decision saying that the demonstrators and bystanders failed to show enough credible evidence that federal officers' use of force during the raid was ``unreasonable under the circumstances.''

The 13 people had sued the government for $3.25 million, claiming they had lingering injuries after they were sprayed at close range while on their own property or behind barricades. Three neighbors testified that an agent gassed them without warning from 2 to 4 feet away as they stood alone in their fenced front yards.

But the judge agreed with the government's argument that officers did not use excessive force and that the plaintiffs failed to show that they were sprayed at close range. The April 22, 2000, raid led to the boy's eventual return to Cuba with his father.
(snip/...)

http://www.guardian.co.uk/worldlatest/story/0,1280,-4988953,00.html





Congresswoman Ileana Ros-Lehtinen
brought the kid a toy battleship
in Miami.

[Richard Steele]

9. WOW, this is one of the FEW times I ever approved of all the firepower!

With that case, with the little boy in the house surrounded by crowds of "supporters" who had vowed to 'resist'....

I really think the GOVERNMENT TROOPS played their hand perfectly; Their 'show of force' actually AVOIDED bloodshed.

I have no doubt that some of those front-yard 'supporters' were armed. They SAID they were armed, and willing to use their guns.

If 2 or 3 plainclothes types had arrived in a 4-door Dodge to take the child into custody,
those ARMED folks might have felt BRAVE enough to pull their guns and go postal....

But all the armored Stormtroopers walked right through the MOB and extracted the lad without a shot being fired.

And that was the IDEA.
That crowd would have ripped apart a caseworker from SocialServices in a heartbeat...but they weren't stupid enough to pull a revolver against a dozen armored drones packing MP5s...

and so EVERYONE lived to tell the tale. Color that SUCCESFUL.

[Mika]

10. Most people aren't aware that the house behind the Miami relatives..

Most people aren't aware that the house behind the Miami relatives house was raided just 30 seconds before agents raided the house with Elian. They busted around 10 armed goons (who were acting as "security") and confiscated 15 or so weapons (AK-47s, AR-15s, many handguns, etc). Some of the goons had felony records and were not allowed to possess weapons.

This fact got little coverage, with only a mention or two in the Miami Herald.

It was damned lucky that all worked out well because it could have turned into a serious gun fight.




www.stopbolton.org