Judges throws out excessive-force suit…over Miami raid to seize Elian

[kskiska]

Judges throws out excessive-force suit filed over Miami raid to seize Elian Gonzalez

A federal judge has thrown out a lawsuit claiming federal agents used excessive force in an armed raid to seize Elian Gonzalez at the home of his Miami relatives four years ago.

An order issued Monday by U.S. District Judge Marcia Cooke concluded the six agents who conducted the raid were legally immune to the lawsuit, and she found no constitutional violations.

"We're pleased with the judge's decision," said Charles Miller, a Washington spokesman with the Department of Justice.

The relatives were considering an appeal.

"We are shocked and disappointed by the court's decision," Tom Fitton, president of Judicial Watch, said in a statement Wednesday. The legal group had sued on behalf of Elian's cousin, great-uncle and great-uncle's wife. "It's a shame the Bush administration defends these unlawful acts by the Clinton administration."

more…
http://sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/08/25/national2143EDT0795.DTL

[LiberalFighter]

1. Should had also thrown it out because they didn't have standing

The only relative(s) that had any standing to pursue a legal case would be the father.

[bluestateguy]

2. Well that does a lot of good now

Vindication! (4 years later) Bunnypants is in the White House because of the Angry Cuban Vote and the damage from the Corporate Media Echo Chmaber is done.


The relatives were considering an appeal.

They are learing the American Way real quick: Appeal. And Appeal. And Appeal. And then Appeal.

[frylock]

3. i'll reserve judgement myself till peggy noonan's jesus dolphins weigh in

on the matter.

[IndianaGreen]

4. "Seize Elian"?

More like rescue Elian from his crazy Miami relatives in order to return him to his father, stepmother, step brother, and both sets of grandparents in Cuba.

Janet Reno's finest hour!

[yellowcanine]

5. sued on behalf of Elian's cousin, great-uncle and great-uncle's wife.

Remind me again who was on the other side? Oh, Elian's FATHER. Let's not lose sight of that. The father of the boy vs. the boy's cousin, great uncle, great uncle's wife (none of whom had ever met the boy before they kidnapped him, right?). Oh and am I not correct that the "cousin" is Marysleaze - actually the cousin of the father, not Elian? 1st cousin, once removed; from reality, that is. And don't forget the "fisherman". Although, interestingly he is not part of the suit. Maybe he doesn't have any "standing"? Heh.

[yellowcanine]

6. And why were these "relatives" never charged with kidnapping?

They defied a lawful order to turn over the boy. Isn't that kidnapping?

[noonwitch]

7. They had to use force and they didn't beat or shoot anyone

The family was not going to give that kid up. They had the crowds of people surrounding their house-I'll bet some of them were armed, too.
He was such a cute little boy-I hope that the message he took with him was that everybody (the family here and the family in Cuba) loved him and was fighting for him, not that they were making some kind of anti-Castro statement and using him to do so.