Posted on Wed, Aug. 25, 2004
Excessive-force suit thrown out in Miami raid for Elian
Associated Press
MIAMI - A federal judge has thrown out a lawsuit claiming six federal agents used excessive force in an armed raid to seize Elian Gonzalez at the home of his Miami relatives four years ago.
The 14-page order issued Monday by U.S. District Judge Marcia Cooke concluded the 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. That wasn't the reaction in Miami.
"We are shocked and disappointed by the court's decision," Tom Fitton, president of Judicial Watch, said in a statement Wednesday. The legal watchdog group sued on behalf of Elian's cousin, great-uncle and his wife. "It's a shame the Bush administration defends these unlawful acts by the Clinton administration."
The Gonzalez family is considering an appeal.
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