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Seizure of Elian Gonzalez Leads to Civil Trial

by TChris

When INS agents broke into a Miami home in 2000 to seize Elian Gonzalez, their unnecessarily aggressive tactics were widely criticized. Now neighbors and bystanders who were traumatized by the agents' actions are in court, asking a judge for damages.

In a civil trial that began Monday in federal court here, 13 plaintiffs are seeking up to $250,000 each in damages, charging that agents from the Immigration and Naturalization Service unnecessarily sprayed them with tear gas at close range, shoved, cursed and traumatized them in their zeal to remove Elián without a struggle.

Some plaintiffs testified that agents went onto their property to spray tear gas, while others said they were sprayed in the face while standing behind the barricades. Several said they initially thought Mr. Castro had sent the black-suited, helmeted agents to wreak havoc on their neighborhood.

The government claims that the agents used only "appropriate and necessary force." The trial is expected to end today.

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    Re: Seizure of Elian Gonzalez Leads to Civil Trial (none / 0) (#1)
    by Andreas on Fri Jan 28, 2005 at 08:56:23 AM EST
    Talkleft wrote: "their unnecessarily aggressive tactics were widely criticized". That is true for right-wing media. The WSWS had a somewhat different view: The return of Elian Gonzalez—the end of a shameful episode By Shannon Jones, 6 July 2000 Outrage and hypocrisy from right wing, media Rescue of Elian Gonzalez intensifies political crisis in US By Patrick Martin, 25 April 2000

    I agree with Andreas; the Elian Gonzalez episode was shameful in taking so long for a boy to be reunited with his father. Once that was (correctly) the priority, I don't believe it could have been accomplished with very much less show of force, given the threats and resistance mounted by the would-be adopters.

    Oh, I'm really confused now. Is this a "junk lawsuit" brought by evil, money-grubbing trial lawyers like John Edwards? Or is this one of the good ones?

    Re: Seizure of Elian Gonzalez Leads to Civil Trial (none / 0) (#4)
    by Dadler on Fri Jan 28, 2005 at 10:38:44 AM EST
    when did elian gonzales start having seizures?

    Re: Seizure of Elian Gonzalez Leads to Civil Trial (none / 0) (#5)
    by desertswine on Fri Jan 28, 2005 at 10:46:04 AM EST
    ...still suffering depression, anxiety, sleeplessness.
    Hey, I've got this stuff, too, just from reading about it.

    desertswine maybe I can join up with you, a hundred other readers and we'll make it a classs action lawsuit.

    The tactics employed in that case are in common use by INS and ATF, only this time there were cameras present. (In fact, INS was probably on better-than-average behavior as a result.) Ironically, those conservatives who complained so bitterly about the INS rescue are quick to support such tactics in every other case.

    Re: Seizure of Elian Gonzalez Leads to Civil Trial (none / 0) (#8)
    by Che's Lounge on Fri Jan 28, 2005 at 02:30:22 PM EST
    Well at least parental rights superceded ideology in this case.

    Sad case, but ultimately conservatives should have supported the Clinton Adminstration's decision to reunite the boy with his father. The means stunk though, but both sides were guilty. Some damages probably are warranted, but again conservatives should not support the ridiculous lengths to get them here.