IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

          MIAMI DIVISION

 

CASE NO.

 

 

DONATO DALRYMPLE, )

)

and )

)

HECTOR S. ABELAIRAS, )

MIGUEL ALEJANDRO, )

GREGORY PAUL ALLEN, )

ELSA ANDERSON, )

ABEL RAMON ALONSO, )

NICOLE ALONSO, )

NATALIE ALONSO, )

TANAY ALONSO, )

LESLIE ALVAREZ, )

GUILLERMO ARCE, )

JOEL BELTRAN, )

TERESA BENITEZ, )

CONCEPCION MARIA CABRAL, )

FRANCIA DE LA CONCEPCION CABRAL, )

MARIA CANCIO, )

NANCY CANIZARES, )

ARTURO CASTELLANOS, )

BLANCA NIEVES CHILS, )

JUAN FRANCISCO CHILS, )

SANDRA COBAS, )

MILAGROS CRUZ, )

COSME DAMIAN DIAGO, )

IDAIL DIAGO, )

RAMON DIAGO, )

DARIANNE DIAGO, a minor, )

NORMA DOMINGUEZ, )

EVA ESPINOSA, )

TRIBURCIO ESTUPINAN, )

MIRTHA MARIA FALCON, )

YULIET COLON, a minor, )

ANTONIIO ORTEGA, a minor, )

LENIA FERNANDEZ, )

OSMANY FERNANDEZ, )

PASTERA FERRER, )


JOSE ANTONIO FREIJO, )

GILBERTO GALLARRAGA, )

LEDIA BETANCOURT GARCIA, )

ROSA GARCIA, )

RUBEN GARCIA, )

NIXY GOMEZ, )

CARLOS ALBERTO GONZALEZ, )

JOSE A. GONZALEZ, )

JOSEFA R. GONZALEZ, )

VANESSA GONZALEZ, )

YUSLEIVY GONZALEZ, )

ESTRELVA G. GUEVARA, )

PABLO HERNANDEZ, )

YANET HUET, )

MARTHA TERESITA LARA, )

MARIA EUGENIA CABRERA LAZO, )

THOMAS A. CAMACHO, a minor, )

MARTHA LORENZO, )

REINA MACHADO, )

ANAISA MACHIN, )

MORGAN MARCOS, )

ALFREDO MARTELL, )

NELVA MARTIN, )

ILEANA L. MARTINEZ, )

JOSE L. MARTINEZ, )

PEDRO S. MARTINEZ, )

FELIX R. MEANA, )

TROADIO MESA, )

MARIO MIRANDA, )

JULIO MONDELO, )

MARTHA MONDELO, )

JORGE A. MORALES, )

ARAY NODA, )

ZAIDA NUNEZ, )

FRANCISCO ONDARZA, )

ROBERTO ORAMA, )

MARTHA LINA OROPESA, )

ANNA TERESA ORTEGA, )

ANTONIO FLORENTINO ORTEGA, )

YUSLEDIS ORTIZ, )

LAZARO MARTELL, a minor, )

MIRIAM PALACIO, )

MISAEL PANDIELLO, )


CRISTOBAL PERAZA, )

MADELEINE PERAZA, )

SERGIO PEREZ-BARROTO, )

ANGEL PINA, )

JENNIFER PINA, a minor, )

MYRA PINA, )

MELISSA PUMAREGA, )

NESTOR RAMOS, )

OTONIEL RAMOS, )

LEONOR RIVERO, )

MARIA A. RIVERON, )

PEDRO RIVERON, )

EDUARDO RODRIGUEZ, )

MANUEL RODRIGUEZ, )

MARIA E. RODRIGUEZ, )

MARTA RODRIGUEZ, )

PATRICIA RODRIGUEZ, )

TOMAS RODRIGUEZ, )

GLORIA SANCHEZ, )

ILEANA SANTANA, )

ARMANDA SANTOS, )

ORLANDO SANTOS, )

MICHAEL STAFFORD, )

DIEGO TINTORERO, )

ANGELA TAINA TORO, )

ALEXEI TORRES, )

CARLOS TRETO, )

CARMEN VALDÉS, )

MIRIAM A. ZALDIVAR, )

and CARLOS R. ZAYAS, )

)

Plaintiffs, )

)

vs. )

)

UNITED STATES OF AMERICA, )

)

Defendant.                                              )

__________________________________________)

 

 

                       

 


COMPLAINT; DEMAND FOR JURY TRIAL

 

Plaintiffs, by counsel, hereby sue the United States of America under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., for negligence, assault and battery, intentional infliction of emotional distress and negligent infliction of emotional distress.  As grounds therefor, Plaintiffs allege as follows:

INTRODUCTION

1.            This action arises from the April 22, 2000 pre-dawn raid on the home of Lazaro, Angela, and Marisleysis Gonzalez in Miami, Florida that seized six-year old Cuban asylum seeker Elian Gonzalez from the custody of his U.S. relatives and returned him to Communist-controlled Cuba.

       PARTIES

2.            Plaintiff Donato Dalrymple is a citizen of the State of Florida and resides

3. Plaintiff Hector S. Abelairas is a citizen of the State of Florida and resides at

4. Plaintiff Miguel Alejandro is a citizen of the State of Florida and resides at.

5.            Plaintiff Gregory Paul Allen is a citizen of the State of Florida and resides at

6. Plaintiff Abel Ramon Alonso is a citizen of the State of Florida and resides at

7.            Plaintiff Leslie Alvarez is a citizen of the State of Florida and resides at

8. Plaintiff Elsa Anderson is a citizen of the State of Florida and resides at

9.            Plaintiff Guillermo Arce is a citizen of the State of Florida and resides at.

10.            Plaintiff Joel Beltran is a citizen of the State of Florida and resides at

11. Plaintiff Teresa Benitez is a citizen of the State of Florida and a resides at


12.            Plaintiff Concepcion Maria Cabral is a citizen of the State of Florida and resides at

13.            Plaintiff Francia De La Concepcion Cabral is a citizen of the State of Florida and resides at

14.            Plaintiff Maria Cancio is a citizen of the State of Florida and resides at

15.            Plaintiff Nancy Canizares is a citizen of the State of Florida and resides at

16.            Plaintiff Arturo Castellanos is a citizen of the State of Florida and resides at

17.            Plaintiff Blanca Nieves Chils is a citizen of the State of Florida and resides at

18.            Plaintiff Juan Francisco Chils  is a citizen of the State of Florida and resides at.

19.            Plaintiff Sandra Cobas is a citizen of the State of Florida and resides at

20.            Plaintiff Milagros Cruz is a citizen of the State of Florida and resides at

21.            Plaintiff Cosme Damian Diago is a citizen of the State of Florida and resides at.

22. Plaintiff Darianne Diago, a minor, is a citizen of the State of Florida and resides at

23.            Plaintiff Idail Diago is a citizen of the State of Florida and resides at

24.            Plaintiff Ramon Diago is a citizen of the State of Florida and resides at.

25.            Plaintiff Norma Dominguez is a citizen of the State of Florida and resides at.

26.            Plaintiff Eva Espinosa is a citizen of the State of Florida and resides at.

27.            Plaintiff Triburcio Estupinan is a citizen of the State of Florida and resides at

28. Plaintiff Mirtha Maria Falcon is a citizen of the State of Florida and resides at

29. Plaintiff Yuliet Colon, a minor, is a citizen of the State of Florida and resides at

30. Plaintiff Antonio Ortega, a minor, is a citizen of the State of Florida and resides at

31. Plaintiff Pastera Ferrer is a citizen of the State of Florida and resides at

32.            Plaintiff Lenia Fernandez is a citizen of the State of Florida and resides at.


33. Plaintiff Osmany Fernandez is a citizen of the State of Florida and resides at

34.            Plaintiff Jose Antonio Freijo is a citizen of the State of Florida and resides at

35. Plaintiff Gilberto Gallarraga is a citizen of the State of Florida and resides at

36. Plaintiff Ledia Betancourt Garcia is a citizen of the State of Florida and resides at

37.            Plaintiff Rosa Garcia is a citizen of the State of Florida and resides at

38.            Plaintiff Ruben Garcia is a citizen of the State of Florida and resides at

39. Plaintiff Nixy Gomez is a citizen of the State of Florida and resides at

40.            Plaintiff Carlos Alberto Gonzalez is a citizen of the State of Florida and resides at

41.            Plaintiff Jose A. Gonzalez is a citizen of the State of Florida and resides at

42.            Plaintiff Josefa R. Gonzalez is a citizen of the State of Florida and resides at

43. Plaintiff Vanessa G. Gonzalez is a citizen of the State of Florida and resides at

44. Plaintiff Yusleivy Gonzalez is a citizen of the State of Florida and resides at

45.            Plaintiff Estelva G. Guevara is a citizen of the State of Florida and resides at

46.            Plaintiff Pablo Hernandez is a citizen of the State of Florida and resides at

47. Plaintiff Yanet Huet is a citizen of the State of Florida and resides at

48.            Plaintiff Martha Teresita Lara is a citizen of the State of Florida and resides

49.            Plaintiff Maria Eugenia Cabrera Lazo is a citizen of the State of Florida and resides

50.            Plaintiff Thomas A. Camacho, a minor, is a citizen of the State of Florida and resides

51.            Plaintiff Martha Lorenzo is a citizen of the State of Florida and resides at

52. Plaintiff Reina A. Machado is a citizen of the State of Florida and resides at

53. Plaintiff Anaisa Machin is a citizen of the State of Florida and resides at

54. Plaintiff Morgan Marcos is a citizen of the State of Florida and resides at


55. Plaintiff Alberto Martell is a citizen of the State of Florida and resides at

56. Plaintiff Nelva Martin is a citizen of the State of Florida and resides at

57. Plaintiff Ileana Martinez is a citizen of the State of Florida and resides at

58. Plaintiff Jose L. Martinez is a citizen of the State of Florida and resides at

59. Plaintiff Pedro Martinez is a citizen of the State of Florida and resides at

60. Plaintiff Felix R. Meana is a citizen of the State of Florida and resides at

61. Plaintiff Troadio Mesa is a citizen of the State of Florida and resides at

62.            Plaintiff Mario Miranda is a citizen of the State of Florida and resides at.

63.            Plaintiff Julio Mondelo is a citizen of the State of Florida and resides at

64. Plaintiff Martha Mondelo is a citizen of the State of Florida and resides at.

65.            Plaintiff Jorge A. Morales is a citizen of the State of Florida and resides at

66. Plaintiff Aray Noda is a citizen of the State of Florida and resides at

67.            Plaintiff Zaida Nunez is a citizen of the State of Florida and resides at

68. Plaintiff Francisco Ondarza is a citizen of the State of Florida and resides at

69.            Plaintiff Roberto Orama is a citizen of the State of Florida and resides at

70.            Plaintiff Martha Lina Oropesa is a citizen of the State of Florida and resides at

71.            Plaintiff Anna Teresa Ortega is a citizen of the State of Florida and resides at.

72.            Plaintiff Antonio Florentino Ortega is a citizen of the State of Florida and resides at

73. Plaintiff Yusledis Ortiz is a citizen of the State of Florida and resides at.

74. Plaintiff Lazaro Martell, a minor, is a citizen of the State of Florida and resides at

75.            Plaintiff Miriam Palacio is a citizen of the State of Florida and resides at

76. Plaintiff Misael Pandiello is a citizen of the State of Florida and resides at


77. Plaintiff Cristobal Peraza is a citizen of the State of Florida and resides at

78. Plaintiff Madeleine Peraza is a citizen of the State of Florida and resides at

79. Plaintiff Sergio Perez-Barroto is a citizen of the State of Florida and resides at

80. Plaintiff Angel Pina is a citizen of the State of Florida and resides at

81. Plaintiff Jennifer Pina, a minor, is a citizen of the State of Florida and resides at

82. Plaintiff Myra Pina is a citizen of the State of Florida and resides at

83. Plaintiff Melissa Pumarega is a citizen of the State of Florida and resides at

84. Plaintiff Nestor Ramos is a citizen of the State of Florida and resides at

85. Plaintiff Otoniel Ramos is a citizen of the State of Florida and resides at

86. Plaintiff Leonor Rivero is a citizen of the State of Florida and resides at

87.            Plaintiff Maria A. Riveron is a citizen of the State of Florida and resides at.

88.            Plaintiff Pedro Riveron is a citizen of the State of Florida and resides at

89.            Plaintiff Eduardo Rodriguez is a citizen of the State of Florida and resides at.

90.            Plaintiff Manuel Rodriguez is a citizen of the State of Florida and resides at

91.            Plaintiff Maria E. Rodriguez is a citizen of the State of Florida and resides at

92. Plaintiff Marta Rodriguez is a citizen of the State of Florida and resides at

93. Plaintiff Patricia Rodriguez is a citizen of the State of Florida and resides at

94. Plaintiff Tomas A. Rodriguez is a citizen of the State of Florida and resides at

95. Plaintiff Gloria Sanchez is a citizen of the State of Florida and resides at

96. Plaintiff Ileana Santana is a citizen of the State of Florida and resides at

97. Plaintiff Armanda Santos is a citizen of the State of Florida and resides at

98. Plaintiff Orlando E. Santos is a citizen of the State of Florida and resides at


99.            Plaintiff Michael Stafford is a citizen of the State of Florida and resides at

100.            Plaintiff Diego Tintorero is a citizen of the State of Florida and resides at

101.            Plaintiff Angela Taina Toro is a citizen of the State of Florida and resides at.

102.            Plaintiff Alexei Torres is a citizen of the State of Florida and resides at

103.            Plaintiff Carlos Treto is a citizen of the State of Florida and resides at

104.            Plaintiff Carmen Valdés is a citizen of the State of Florida and resides at

105.            Plaintiff Miriam A. Zaldivar is a citizen of the State of Florida and resides at

106.            Plaintiff Carlos R. Zayas is a citizen of the State of Florida and resides at

107.           Defendant is the United States of America (“U.S.”).

JURISDICTION AND VENUE

108.            The Court has jurisdiction over this action under 28 U.S.C. § 1346(b), as this action  involves a federal question.

109.            Venue is proper under 28 U.S.C. §1402(b), as a substantial part of the events and omissions giving rise to Plaintiffs’ claims occurred in this judicial district.

            FACTS

110.            Plaintiffs have satisfied all conditions precedent to initiating this suit.  Plaintiffs filed timely administrative claims, Form SF-95’s, with the U.S. Department of Justice/Immigration and Naturalization Service (“DOJ/INS”) on or before April 21, 2002.  DOJ/INS failed to respond and/or make a final disposition of Plaintiffs’ administrative claims within the six (6) month time period required by 28 U.S.C. § 2675.  DOJ/INS’s failure  to respond and/or make a timely final disposition of Plaintiffs’ administrative claims constitutes a final denial of these claims pursuant to 28 U.S.C. § 2675.


111.            On November 25, 1999, Elian Gonzalez, a six-year old boy from Cuba, was found adrift in the sea off the coast of Fort Lauderdale, Florida.  Three days earlier, Elian, his mother, step-father and eight other persons had fled Cuba’s communist regime in a small boat, seeking freedom and the promise of a better life in the United States.  The boat capsized, and Elian’s mother, step-father and six other passengers drowned.  Elian was pulled from the sea as he clung to an innertube.  The U.S. Coast Guard then took him to shore.

112.            After Elian was treated for dehydration and sun exposure at Hollywood Memorial Hospital, the INS paroled him into the United States, without inspection, and released him into the custody of his great-uncle, Lazaro Gonzalez, a resident of Miami, Florida.

113.            Lazaro Gonzalez subsequently filed a petition with the INS seeking political asylum for Elian.  Elian also filed his own asylum petition.

114.            On January 5, 2000, INS Commissioner Doris Meissner (“Meissner”) determined that Elian’s request for political asylum would not be considered, claiming that Elian’s natural father, acting through the Cuban Foreign Ministry, purportedly sought the boy’s return to Cuba. 

115.            On January 7, 2000, Lazaro Gonzalez filed a petition in the Circuit of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida (“Miami-Dade Circuit Court”) seeking temporary custody of Elian. 

116.            On January 10, 2000, the Miami-Dade County Circuit Court entered a Temporary Protective Order granting Lazaro Gonzalez temporary custody pending service of process on Elian’s natural father and a full hearing.

117.            On January 12, 2000, Attorney General Janet Reno (“Reno”) upheld Meissner’s decision refusing to consider Elian’s petition for asylum. 


118.            Elian proceeded to challenge the refusal to consider his asylum petition by filing a civil action in the U.S. District Court for the Southern District of Florida, Gonzalez v. Reno, et al., Case No. 00-0206-CIV-MOORE.  When the District Court upheld this refusal to even consider Elian’s asylum petition, Elian took an immediate appeal to the U.S. Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”).

119.            During the pendency of the appeal, Reno, Meissner and various other persons cooperating with the Cuban communist government, including Gregory Craig, one of President William Jefferson Clinton’s personal lawyers, arranged for Elian’s natural father to travel to the United States to take custody of Elian and to thwart the boy’s attempts to obtain political asylum in the United States.

            120.            Upon his arrival in the United States on or about April 6, 2000, Elian’s natural father took up residence at a location in Bethesda, Maryland occupied and controlled by the Cuban Interests Section, the representative of Cuba’s communist government in the United States.  At all relevant times, Elian’s natural father remained under the control of the Cuban Interests Section, which is cloaked with diplomatic immunity.   

121.            On April 12, 2000, six days after the arrival of Elian’s natural father in the United States, the INS directed Lazaro Gonzalez to take the boy to Opa Locka Airport in Miami-Dade County, Florida the following day.  The INS sought to transfer custody of Elian to his natural father.

            122.            In a letter to Lazaro Gonzalez that same day, the INS admitted that it was ordering successive transfers of custody only, not revoking Elian’s parole into the United States:


The goal of the Department of Justice and the Immigration and Naturalization Service is to ensure that Elian’s transition to his father’s care is as peaceful as possible.  We must do everything in our power to see that the transfer is accomplished in a thoughtful, constructive manner . . . These successive transfers of parole and care are being ordered pursuant to 8 C.F.R. §§ 212.5, 235.2, 236.3 (199) . . . I hereby instruct you to present Elian at the same time and place, i.e., the Main Coast Guard Gate at Opa-Locka Airport, at 2 p.m. on Thursday, April 13.  At that time, the parole of Elian into your care will be revoked, and care of Elian will be temporarily transferred to [INS Official Rosa R. Urquiola], who will bring Elian to Washington, D.C.  Once Elian has arrived in Washington, D.C., he will be paroled into the care of his father.

123.            On April 13, 2000, the Miami-Dade County Circuit Court dismissed Lazaro Gonzalez’ petition, vacating the temporary custody of Elian previously granted by that Court. 

124.            In an April 14, 2000 letter to Lazaro Gonzalez, the INS again admitted that Elian’s parole into the United States was not being revoked, but that the INS merely sought to transfer temporary custody of Elian:  “Moreover, you are holding Elian without the consent of his father and without the consent of the Immigration and Naturalization Service, Elian’s current legal custodian under the immigration laws.” 

125.            At no point was Elian’s presence in the United States contrary to U.S. immigration laws.  The INS only sought to transfer temporary custody of Elian while he remained in the United States.

126.            Moreover, at no point did the INS or Reno, Meissner and/or Deputy Attorney General Eric Holder (“Holder”) secure a judicial order compelling Lazaro Gonzalez to turn Elian over to the INS and/or his natural father.

127.            On Wednesday, April 19, 2000, the Eleventh Circuit entered an injunction pending disposition of Elian’s appeal.  The Eleventh Circuit injunction explicitly stated:

(1) Plaintiff, Elian Gonzalez, is ENJOINED from departing or attempting to depart from the United States;

 


(2) Any and all persons acting for, on behalf of, or in concert with Plaintiff, Elian Gonzalez, are ENJOINED from aiding or assisting, or attempting to aid or assist, in the removal of Plaintiff from the United States;

 

(3) All officers, agents, and employees of the United States, including but not limited to officers, agents, and employees of the United States Department of Justice, are ENJOINED to take such reasonable and lawful measures as necessary to prevent the removal of Plaintiff, Elian Gonzalez, from the United States.

 

See Gonzalez v. Reno, No. 00-11424-D, slip op. at 15-16 (11th Cir. April 19, 2000).  Reno, Meissner and Holder undoubtedly were aware of and knowledgeable about the Eleventh Circuit’s injunction, or should have been aware of and knowledgeable about the Eleventh Circuit’s injunction.

128.            The following day, Lazaro Gonzalez, acting through attorneys Kendall Coffey, Manny Diaz and Jose Garcia-Pedrosa, and with the assistance of several mediators, including Aaron Podhurst,  a well-respected Miami lawyer and longtime friend of Reno, and Edward T. Foote, II, President of the University of Miami, among others, began engaging in what they believed were good faith negotiations with Reno, Meissner and Holder to try to reach a mutually agreeable, peaceful transfer of temporary custody of Elian.  By the end of the afternoon, the parties had prepared a list of six points to serve as the outline for an agreement.  The mediators also briefed several leaders of the Cuban-American community in Miami about the potential agreement.


129.            Despite their willingness to engage in what the Gonzalez family believed were good faith negotiations, the INS secretly issued an arrest warrant for Elian on Friday, April 21, 2000.  The arrest warrant falsely claimed that Elian “is within the country in violation of the immigration laws and is therefore liable to be taken into custody as authorized by section 236 of the Immigration and Nationality Act [codified at 8 U.S.C. § 1226].”  Again, however, at no point was Elian in the United States contrary to U.S. immigration laws.  His parole into the United States had never been revoked, and the Eleventh Circuit had explicitly enjoined him from leaving the United States.

130.            In addition, 8 U.S.C. § 1226, the purported authority by which the INS issued the arrest warrant, only allows the INS to issue arrest warrants for the purpose of placing aliens in removal proceedings.  The statute states, in pertinent part:  “On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States.”  See 8 U.S.C. § 1226.  The immigration laws do not authorize the arrest of a minor for the purpose of transferring custody, temporary or otherwise, and, again, the Eleventh Circuit had explicitly enjoined the removal of Elian from the United States.  Thus, not only was the arrest warrant contrary to law, but its issuance was in direct contravention of the Eleventh Circuit’s injunction.

131.            Moreover, according to Richard Sharpstein, one of Miami’s best regarded criminal-defense and immigration lawyers, the INS never arrests Cuban aliens without evidence that they have committed a crime.  This restraint on the part of the INS is consistent with the Cuban Adjustment Act of 1966, which makes Cuban nationals eligible for U.S. citizenship once they have been in the United States for one year.

132.            On information and belief, Reno, Meissner and Holder were familiar with, and knowledgeable about, immigration laws and the practice of issuing INS administrative arrest warrants, as well as the Eleventh Circuit’s injunction, and thus knew or should have known that the arrest warrant was false and invalid.             


133.            On information and belief, Reno, Meissner and Holder directed that the arrest warrant be issued, or were knowledgeable about and agreed to and/or acquiesced in its issuance to provide a false legal pretext for a paramilitary raid on the Gonzalez family’s home and neighborhood, which they were jointly planning.

134.            Also on April 21, 2000, and again despite engaging in on-going negotiations, through mediators Podhurst and Foote, with the Gonzalez family, the INS applied for a search warrant to enter the Gonzalez family’s home and search for Elian pursuant to Rule 41(b)(4) of the Federal Rules of Criminal Procedure, a provision designed to assist federal law enforcement agents in retrieving kidnaping victims.  The INS also sought and obtained a motion to seal its application.

            135.            The INS’ application for a search warrant and supporting affidavit falsely claimed that Elian was being unlawfully restrained and was the subject of an INS administrative arrest warrant, among other demonstrably false statements. 

136.            Not only was the arrest warrant for Elian demonstrably false and invalid, but at no time was Elian ever “unlawfully restrained” by the Gonzalez family in Miami.  Only days earlier, Reno herself admitted that, since Elian’s arrival in the United States, Lazaro Gonzalez and his family “have acted as loving caregivers.”  Elian attended school, visited Disney World, went to the circus, played outside, and engaged in all the normal activities of a six year old.  Elian met with his Cuban grandmothers in Miami Beach, Florida, and was receiving psychological care to help him cope with the tragic death of his mother.  Elian himself had publicly stated that he wished to remain in the United States with the Gonzalez family and not return to Cuba with his natural father.  He was not the victim of kidnaping, nor was he “concealed” in any way.


137.            Moreover, in granting the injunction on April 19, 2000, the Eleventh Circuit had found that “Lazaro [Gonzalez’s] interests, to say the least, are not obviously hostile to [Elian’s] interests” and expressly declined to order Lazaro Gonzalez to present Elian to the INS for transfer of care to his natural father.  See Gonzalez v. Reno, No. 00-11424-D, slip op. at 14 & 15 n. 16 (11th Cir. April 19, 2000).

138.            The application and supporting affidavit also falsely claimed that the INS had revoked Elian’s parole and that his remaining in the United States was a violation of the law.  Again, the INS had not revoked Elian’s parole, but only sought to transfer temporary custody of Elian, and the Eleventh Circuit had explicitly ordered Elian to remain in the United States. 

139.            Conspicuously absent from the application and supporting affidavit was a copy of the Eleventh Circuit’s April 19, 2000 order and injunction, although numerous other attachments and exhibits had been included.

            140.            The INS did admit in the affidavit, however, that it maintained daily surveillance of Lazaro Gonzalez’ home.  The affidavit made no reference to any weapons being in the home.  It made no reference to any allegations of mistreatment or harm to Elian by the Gonzalez family. 

141.            The affidavit also made no reference to the fact that Podhurst, Foote and others were feverishly mediating negotiations with Reno, the Gonzalez family and their attorneys, even as the application and affidavit were being filed.       

142.            The INS did not present its application for a search warrant and supporting affidavit to the Hon. K. Michael Moore, the federal district judge who had presided over Elian’s civil lawsuit challenging the INS’ refusal to even consider his asylum petition.  Rather, the INS waited until 7:00 p.m. on Good Friday, April 21, 2000, when a federal duty magistrate, a Clinton-appointee not familiar with the case and notoriously “pro-government” in his rulings, was available to hear warrant applications.  The magistrate issued the search warrant at 7:20 p.m. that same day.


143.            On information and belief, Reno, Meissner and Holder knew that the application for a search warrant and supporting affidavit contained false misrepresentations and omissions. 

144.            On information and belief, Reno, Meissner and Holder directed that the false application for a search warrant and supporting affidavit be submitted to the magistrate, or were knowledgeable about and agreed to and/or acquiesced in the submission of these false and misleading documents to the magistrate, in order to obtain a search warrant and thereby have a false legal pretext for a paramilitary raid on the Gonzalez family home and neighborhood, which they were jointly planning.

145.            On information and belief, neither the mediators, the Gonzalez family, nor their attorneys were aware that Reno, Meissner and Holder had taken steps to obtain a search warrant and an arrest warrant for Elian, or had planned a paramilitary raid on the Gonzalez family home and neighborhood.  Rather, the mediators, Lazaro Gonzalez and his family, and their attorneys continued to believe that Reno, Meissner and Holder were negotiating with them in good faith.

146.            By late afternoon on Good Friday, April 21, 2000, the group reportedly felt they had developed a workable agreement by which Elian, the Gonzalez family, Elian’s natural father, and his family would take up temporary residence at a mutually-agreed upon, neutral site in Miami-Dade County until the resolution of all pending legal proceedings.  Reno instructed the Gonzalez family to put the proposal in writing and fax it to her office by 5:00 p.m.  They did so at 4:52 p.m.  Foote was so confident that a compromise was in the works that he went home to be with his family.


147.            Podhurst reportedly called the Gonzalez family’s home at 8:00 p.m. to say that Reno, Meissner and Holder were considering the offer, but wanted Elian to stay with his natural father throughout the reunion.  Lazaro Gonzalez and his family wanted Elian to stay with Lazaro Gonzalez’ daughter, Marisleysis Gonzalez.

148.            By 9:00 p.m., Reno’s office reportedly had sent the proposal to Elian’s natural father and his attorney, Gregory Craig.  Lazaro Gonzalez reportedly agreed to let Elian decide who he would stay with during the reunion.

149.            Reno reportedly was giving hourly updates to White House Chief of Staff John Podesta on the status of the negotiations.  Podesta relayed one optimistic update to President Clinton at 8:30 p.m.

150.            But at 2:00 a.m., Podhurst called the Gonzalez family and their attorneys to say that Reno was insisting that the reunion take place in a privately run retreat in Washington’s Virginia suburbs.

151.            According to White House Spokesman Joe Lockhart, Podesta updated President Clinton again at 2:15 a.m., relaying word that Reno still felt the negotiations held promise.

152.            Reno was negotiating from a small, private office at the U.S. Department of Justice’s headquarters in Washington, D.C., surrounded by about a dozen people, including Meissner and Holder.

153.            The Gonzalez family reportedly felt the reunion site was not as important as their  request to speak to Elian’s natural father alone.  The mediators reportedly believed that an accord had been reached.


154.            At approximately 4:00 a.m., however, Reno reportedly told the Gonzalez family’s lawyers, who were negotiating with the family from inside the Gonzalez family’s home, that time was running out.  The family reportedly asked for a little more time to think through Reno’s latest proposal.

155.            Before ordering the raid to seize Elian at gunpoint, Reno reportedly polled the officials negotiating with her at the Justice Department, including Meissner and Holder about whether to proceed with the raid.  Reno reportedly pointed to each one in turn and asked for their thoughts.  Everyone, including Meissner and Holder, reportedly agreed to commence the raid.  According to Holder, Reno then gave the order to commence the raid and seize Elian by force.  Meissner reportedly walked into the next room and telephoned her chief of staff, Mike Betraft, who was waiting at the INS command center a half-mile away, to convey the order commencing the raid.

156.            Shortly before 5:00 a.m., Reno reportedly telephoned Podesta to inform The White House of the decision to commence the raid.

157.            At approximately 5:05 a.m., two of the lawyers for Lazaro Gonzalez’s family, Kendall Coffey and Manny Diaz, as well as Marisleysis Gonzalez, called Podhurst on a speaker phone in the Gonzalez family’s dining room.  They asked Podhurst if he had any news from Reno.  Podhurst put Marisleysis Gonzalez and the family’s lawyers on hold and reportedly called Reno.

158.            At approximately 5:15 a.m, as the Gonzalez family and their lawyers were on hold with Podhurst, who in turn was speaking with Reno, a convoy of vehicles containing federal agents dressed in combat gear and armed with semiautomatic weapons drove up to the home.  Other INS agents approached the house from the rear. 


159.            Reno had ordered the raid, and Meissner and Holder knew of, agreed to, approved of and/or acquiesced in the raid, despite knowing that:  (1)  at no point had they or the INS secured a judicial order compelling Lazaro Gonzalez to turn Elian over to the INS and/or his natural father; (2) Elian was not being “unlawfully restrained” in any manner, was not the victim of a kidnaping, and was not being “concealed” or “illegally harbored” in the Gonzalez’ family home; (3) the administrative arrest warrant for Elian was false and invalid; (4) the search warrant for Elian was false, invalid and fraudulently obtained; and (5) they were close to achieving a peaceful, negotiated settlement with the Gonzalez family in any event.

160.            Reno also ordered the raid, and Meissner and Holder also knew of, agreed to, approved of and/or acquiesced in the raid, despite knowing and intending that: (1) a strike force of 151 heavily-armed federal law enforcement agents (“Federal Agents”), consisting of 131 INS agents and 20 U.S. Marshals, would be unleashed on the Gonzalez family’s home and neighborhood; (2) peacefully assembled supporters would be sprayed with gas for having assembled and expressed their support for Elian and the Gonzalez family, and to prevent them from continuing to do so; and (3) neighbors, supporters and passers-by would be gassed, restrained, beaten, threatened and put in immediate fear for their lives and liberty.

161.            Indeed, the raid had been carefully-planned and rehearsed for nearly two weeks.  According to Grover Joseph Reese, a former general counsel of the INS from 1991 to 1993:

The raid employed counterterrorist tactics usually used in hostage situations.  These included the predawn hours, the use of obscenities and of violence against inanimate objects to intimidate and disorient the actual targets, and the fabrication of an imminent breakthrough in negotiations just before the extraction team moved in.

 

See Grover Joseph Reese, “Rule of Reno,” The Wall Street Journal, April 25, 2000.

 


162.            Several months before the raid, officials had erected a barricade across N.W. 2nd Street, west of the Gonzalez family’s home.  At various points in time, hundreds, if not thousands of persons, including many of Plaintiffs, had assembled peacefully behind the barricade and in nearby yards to pray and demonstrate their support for Elian and the Gonzalez family, as well as to express their belief that Elian should remain in the United States.  A tent had even been raised on the street behind the barricade to provide temporary shelter for the supporters.  Media crews had set up encampments directly across from the Gonzalez family home and along N.W. 2nd Street.

163.            At the time of the raid, approximately fifty (50) supporters, including many of Plaintiffs, had assembled peacefully behind the barricade, in nearby yards, and elsewhere in the neighborhood, including in front of the house at 2322 SW 3rd Street, directly behind the Gonzalez family’s home, to demonstrate their support for Elian and the Gonzalez family.  Some supporters were talking; others were praying.  Approximately 8 women sitting on lawn chairs, representatives of an organization known as “Mothers Against Repression,” were praying the Rosary in the Gonzalez family’s front yard.

164.            When the convoy of vehicles pulled up to the Gonzalez family’s home, federal agents immediately began indiscriminately spraying gas to immobilize, restrain and suppress persons who had assembled peacefully behind the barricade, as well as neighbors, passers-by, and even members of the news media assembled along N.W. 2nd Street.  Federal agents sprayed gas directly behind the barricade and throughout the neighborhood, including at many of Plaintiffs.

165.            Federal agents also sprayed gas at the rear of the Gonzalez family’s home, and continued to spray gas throughout the raid.  Gas wafted into the Gonzalez family’s home and was used inside the home itself. 

166.            The heavily-armed federal agents shouted obscenities and threatened to shoot neighborhood residents, passers-by and persons who had assembled peacefully outside the home.


167.            Gonzalez family spokesman Armando Gutierrez had been in back of the house when he heard the federal agents approaching.  Gutierrez ran to the front of the house to allow Associated Press photographer Alan Diaz to enter through the front door.

168.            After Diaz had entered family’s home, federal agents approached the house with a battering ram and broke down the front door of the Gonzalez family’s home. Eight federal agents were suddenly inside.

169.            Plaintiff Dalrymple, who had rescued Elian from the sea on Thanksgiving Day and had spent much time at the Gonzalez family’s home, had been sleeping on a couch in the front foyer when the raid began.  Not knowing what was happening, Plaintiff Dalrymple ran into the living room and scooped Elian off the couch.

170.            “I was on the sofa dead asleep.  What I heard sounded like foot soldiers,” Plaintiff Dalrymple recalled.  “I jumped up.  I got him into my arms.  He was screaming ‘Help me Help me, Que Pasa, Que Pasa?”

171.            Plaintiff Dalrymple carried Elian into the rear bedroom shared by Lazaro Gonzalez and his wife, Angela Gonzalez.  Photographer Diaz, Elian’s 5-year-old cousin Lazaro Martell and his mother also ran into the room.  Someone closed the bedroom door.

172.            In the living room, one federal agent pointed a machine gun at Marisleysis Gonzalez’s chest.  Another federal agent aimed his gun at Lazaro Gonzalez’s head.  Other agents aimed guns at attorneys Kendall Coffey and Manny Diaz, who stood frozen in the dining room.


173.            “Don’t do this!” Marisleysis reportedly screamed, her arms outstretched.  “Don’t let him see this!  I’ll give you the boy!  Please put the guns down!  I’ll get the boy up!”  “We had no warning that the marshals were coming.  We were on the phone negotiating.  They took him screaming and crying,” Marisleysis later complained.

174.            Agents searched the house for Elian, flipping over tables, breaking more doors and religious artifacts.  Elian was not in his room.  “Give me the fucking boy or I’ll shoot,” Marisleysis quoted one agent as saying.

175.            In the rear bedroom, Plaintiff Dalrymple held Elian in his arms as he stood before an open closet door.  The closet was packed with boxes and clothes, and there was no space to hide.  Federal agents kicked the door open, splitting it in half.  The top half swung on its hinges while the bottom half fell to the floor.

176.            “I took his head and buried it into my shoulder . . . There was nowhere to go,” Plaintiff Dalrymple later recalled.

177.            “Give me the boy,” yelled one federal agent, pointing a 9mm Heckler & Koch submachine gun at Plaintiff Dalrymple as he hugged Elian to his chest. 

178.           Associated Press photographer Alan Diaz also was present in the bedroom and recorded the event on film.  His photograph of the federal agent holding Plaintiff Dalrymple and Elian at gunpoint, attached hereto and incorporated herein by reference, was quickly broadcast around the world.

179.            INS Agent Betty A. Mills, reportedly packing a holstered pistol, entered the room with a blanket and grabbed Elian.

180.            The federal agents backed out of the room with Elian -- their guns still trained on everyone, including 5 year-old Lazaro Martell.


181.            Elian screamed for Marisleysis. “Prima Mari! Prima Mari!,” Elian yelled.  “Cousin Mari! Cousin Mari!”

182.            Federal agents exited the house; Mills carried Elian out to a waiting van.

183.            Tony Zumbado, an NBC cameraman inside the Gonzalez family home, later stated that federal agents knocked him to the floor and kicked him in the lower back during the raid.  He stated that his camera was slammed down on his stomach and that he was held at gunpoint on the floor, which prevented from filming Elian’s seizure.  “The agents were physically and verbally abusive; they said every bad word in the book and kept me from doing my job,” Zumbado has stated.  “I was left winded and in pain.”

184. Meanwhile, outside the Gonzalez family’s home, Plaintiff Hector Abelairas had been

among the supporters assembled peacefully behind the barricade when federal agents doused him and other supporters with gas.  When the raid began, Plaintiff was on the south side of the street of the Gonzalez family’s home, behind the barricade.  Plaintiff heard screaming and turned to see vans moving towards the Gonzalez’s home, he was then gassed directly in the face.  Plaintiff fell to the floor disoriented and was rendered unconscious, he awoke vomiting. 

185. Plaintiff Miguel Alejandro also was among the supporters assembled peacefully

behind the barricade when federal agents doused him and other supporters with gas.  When the raid began Plaintiff was in the front yard of the Gonzalez family house praying.  Plaintiff was gassed by the federal agents and thrown on the ground.  The federal agents used vulgar language, threats and placed a foot on Plaintiff’s back, while he was on the ground.


186.            Plaintiff Gregory Paul Allen also was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family’s home, but federal agents shouted at him, threatened him with a battering ram, and threatened to spray him with more gas.  Federal agents also seized Plaintiff, grabbing and pulling on him, and nearly forcing him to the ground.

187. Plaintiff Abel Ramon Alonso was asleep in his home with his wife, Tanay Alonso,

and his two minor children, Natalie Alonso and Nicole Alonso.  Plaintiff’s home is across from and to the left of the Gonzalez family’s home at 23rd Avenue and 2nd Street.  When the raid began, Plaintiff and his family were awoken by the noise of the raid.  Plaintiff and his family proceeded out of their home onto the street to see what was happening.  Plaintiff and his family were overwhelmed by a cloud of gas and retreated into their house.  Plaintiff’s house was consumed by gas and Plaintiff and his family were forced to leave their home and stay at a hotel.

188. Plaintiff Natalie Alonso, a minor, was asleep in her home with her parents, Abel

Ramon Alonso and Tanay Alonso, and her sister, Nicole Alonso.  Plaintiff’s home is across from and to the left of the Gonzalez family’s home at 23rd Avenue and 2nd Street.  When the raid began, Plaintiff and her family were awoken by the noise of the raid.  Plaintiff and her family proceeded out of their home onto the street to see what was happening.  Plaintiff and her family were overwhelmed by a cloud of gas and retreated into their house.  Plaintiff’s house was consumed by gas and Plaintiff and her family were forced to leave their home and stay at a hotel.

189. Plaintiff Nicole Alonso, a minor, was asleep in her home with her parents, Abel


Ramon Alonso and Tanay Alonso, and her sister, Natalie Alonso.  Plaintiff’s home is across from and to the left of the Gonzalez family home at 23rd Avenue and 2nd Street.  When the raid began, Plaintiff and her family were awoken by the noise of the raid.  Plaintiff and her family proceeded out of their home onto the street to see what was happening.  Plaintiff and her family were overwhelmed by a cloud of gas and retreated into their house.  Plaintiff’s house was consumed by gas and Plaintiff and her family were forced to leave their home and stay at a hotel.

190. Plaintiff Tanay Alonso was asleep in her home with her husband, Abel Ramon

Alonso, and her two minor children, Natalie Alonso and Nicole Alonso.  Plaintiff’s home is across from and to the left of the Gonzalez family home at 23rd Avenue and 2nd Street.  When the raid began, Plaintiff and her family were awoken by the noise of the raid.  Plaintiff and her family proceeded out of their home onto the street to see what was happening.  Plaintiff and her family were overwhelmed by a cloud of gas and retreated into their house.  Plaintiff’s house was consumed by gas and Plaintiff and her family were forced to leave their home and stay at a hotel.

191.            Plaintiff Leslie Alvarez also was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was on the front patio of a house neighboring the Gonzalez family home, behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was again sprayed with gas by federal agents.

192.            Plaintiff Elsa Anderson also was among the supporters assembled peacefully behind the barricade when federal agents doused her and other supporters with gas.  When the raid began, Plaintiff was standing in the middle of the street, behind the barricade.  Plaintiff was shot, directly in the face, with gas by a federal agent.


193.            Plaintiff Guillermo Arce also was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but federal agents shouted and cursed at him, struck him in the stomach with a rifle butt, knocked him to the ground, and threatened to spray him with more gas.  While Plaintiff lay on the ground, a federal agent held him at gun point as the raiding party withdrew to their vehicles.

194.            Plaintiff Joel Beltran was among the supporters assembled peacefully behind the barricade, on the front patio of a house neighboring the Gonzalez family home.  When Plaintiff saw a convoy of vehicles approaching the Gonzalez family home, he entered the Gonzalez family’s front yard.  Plaintiff witnessed numerous federal agents clad in paramilitary gear exit the vehicles, then begin to indiscriminately spray gas around the Gonzalez family home and directly at the peacefully assembled supporters behind the barricade.  Plaintiff shouted, “Where’s your warrant?”  A federal agent shouted back, “We don’t need a fucking warrant!”  As he stood peacefully at the front steps of the Gonzalez family’s home, federal agents hit Plaintiff twice in the chest with a battering ram and screamed at him twice, “Get the fuck out of the way!”  Federal agents also struck Plaintiff in the back of the head.  One federal agent then grabbed and twisted Plaintiff’s left hand, then threw him towards a fence in the Gonzalez family’s yard.  Plaintiff struck his head as he landed against the fence.  A federal agent then approached Plaintiff, pointed a machine gun at him and screamed, “If you move, I’ll shoot you!”  Although Plaintiff clearly had been immobilized by the effects of the gas and the federal agent brandishing a machine gun at him, a second federal agent approached Plaintiff and sprayed gas directly into his face at point blank range.

195. Plaintiff Teresa Benitez was among the supporters assembled peacefully behind


the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of the Gonzalez family home, behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home when she was shoved on top of another supporter, onto the ground, by a federal agent.   The federal agent then struck her with a machine gun in the ribs to keep her down on the ground and yelled, “Don’t move or I’ll shoot”.   The federal agent kept Plaintiff pinned to the ground until the raid was completed.

196.            Plaintiff Concepcion Maria Cabral also was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house neighboring the Gonzalez family home, behind the barricade.  Plaintiff tried to move closer to the barricade, but was sprayed directly in the face with gas by a federal agent.

197.            Plaintiff Francia De La Concepcion Cabral was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house neighboring the Gonzalez family home, behind the barricade.  Plaintiff tried to move closer to the barricade and attempted to climb over, but was pushed back by a federal agent.  The federal agent shouted at her not to move, then sprayed her with gas at point blank range.

198.            Plaintiff Maria Cancio was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home but was forced to seek refuge in a nearby residence in order to seek safety and relief from the effects of the gas attack.


199.            Plaintiff Nancy Canizares, who is disabled, had assembled peacefully with at least two other persons in front of the house located at 2322 SW 3rd Street by the Gonzalez family home.  When the raid began, Plaintiff was sitting peacefully in a lawn chair on the sidewalk. Plaintiff heard speeding vehicles, then saw two (2) vans  stop directly in front of where she sat.  Federal agents exited the vans screaming, “Don’t move, or we’ll shoot!”  One federal agent shoved Plaintiff against a fence, then threw her to the ground.  Another federal agent held Plaintiff at the point of a machine gun as she lay on the ground.  Because of her disability, Plaintiff suffered excruciating pain as she was forced to lay on the ground.  Plaintiff tried to explain to the federal agent holding her at gunpoint that she was disabled and was in excruciating pain, but Plaintiff’s complaints went unheeded.  A female federal agent at the wheel of one of the vans shouted at Plaintiff, “Shut-up or I’ll shoot!”  The same female federal agent then screamed three times at Plaintiff, “Do you want to die?!”  As the federal agents returned to their vans to depart the neighborhood, Plaintiff heard one federal agent ask their apparent leader, “What are we going to do with them?,” in reference to Plaintiff and two other peaceful bystanders.  The federal agent in charge responded, “Fuck ‘em!,” and the vans departed.

200.            Plaintiff Blanca Nieves Chils was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street, praying the Rosary with a group of supporters, behind the barricade.  Plaintiff attempted to help people behind the barricade who were overcome by the effects of the gas attack, but she herself succumbed to the gas and was forced to return to her home further down SW 2nd Street in order to seek safety and relief from the effects of the gas attack.


201.            Plaintiff Juan Francisco Chils was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street, praying the Rosary with a group of supporters, behind the barricade.  Plaintiff attempted to help people who were overcome by the effects of the gas attack, but was cursed at by federal agents and gassed directly two separate times.  Plaintiff was forced to withdraw from the area of the gas attack to his home further down SW 2nd Street in order to get towels and water.  He returned to the area near the barricade and attempted to help other persons overcome by the gas.

202.            Plaintiff Sandra Cobas was among those supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  Plaintiff was overcome by gas, and was forced to seek refuge in the garage of a nearby home in order to seek safety and relief from the gas attack.

203.            Plaintiff Milagros Cruz, who is blind and suffers from epileptic seizures, was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was asleep in a tent located in the front yard of a house neighboring the Gonzalez family’s home, where she had been on a hunger strike for several days to protest Cuban Communist dictator Fidel Castro’s refusal to reunite Plaintiff with her nine (9) year old daughter.  Plaintiff is a political dissident who was expelled from Cuba by Castro several years ago.  Her daughter remains in Cuba, and has not been allowed to leave.  Plaintiff, who already was in a weakened state due to her hunger strike, was awaken by screaming and the gas being sprayed by federal agents.  Plaintiff was forced to leave the tent and the area behind the barricade, with the help of a friend, in order to seek safety and relief from the effects of the gas attack.  Plaintiff was disoriented and terrified, and felt as though she was about to suffer an epileptic seizure.


204.            Plaintiff Cosme Damian Diago was sleeping in his apartment, along with his children, Darianne Diago and Idail Diago, located in a building directly to the east of the Gonzalez family home, when the raid began.  Plaintiff had his bedroom window open and awoke to screaming and the smell of gas.  Plaintiff called 911 and went to the doorway of his apartment building to wait for the rescue squad to arrive. While he was waiting outside for the rescue squad to arrive, federal agents sprayed him with gas.

205. Plaintiff Darianne Diago, a minor, was sleeping in her apartment, along with her

mother, Aray Noda, father, Cosme Damian Diago, and her brother, Idail Diago, located in a building directly to the east of the Gonzalez family home, when the raid began.  Plaintiff awoke to screams and the smell of gas which was filling the apartment.  Plaintiff’s mother attempted to call the rescue squad for Plaintiff and washed Plaintiff’s face and gave Plaintiff water to drink.

206.            Plaintiff Idail Diago was sleeping in his apartment, located in a building directly to the east of the Gonzalez family home, when the raid began.  Plaintiff had his bedroom window open and awoke to screaming and the smell of gas.  Plaintiff became concerned about the safety of his father who was outside at the time.  When Plaintiff went outside to get his father, who was in the front of the apartment building, federal agents sprayed him with gas.

207.            Plaintiff Ramon Diago was outside his apartment building, located directly to the east of the Gonzalez family home, waiting for his ride to work when the raid began.  Plaintiff was sprayed with gas by federal agents and fell down “in shock” into the street.

208.            Plaintiff Norma Dominguez was outside her apartment building, located directly to the east of the Gonzalez family home, waiting with her husband for his  ride to work when the raid began.  Plaintiff was sprayed with gas by federal agents, which caused her contact lenses to dissolve in her eyes.  Plaintiff was forced to return to her apartment in order to seek safety and relief from the effects of the gas attack.


209.            Plaintiff Eva Espinosa was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street, behind the barricade.  She tried to move closer to the Gonzalez family home to see what was happening, but was pushed and kicked by federal agents.  Plaintiff was forced to leave the area in order to seek safety and relief from the effects of the gas attack.

210.            Plaintiff Triburcio Estupinan was among the supporters peacefully assembled outside the Gonzalez family home when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the press area across the street from the Gonzalez family home.  Plaintiff was immediately sprayed with gas.  Plaintiff tried to move closer to the Gonzalez family’s home, but was shoved to the ground by a federal agent.  Plaintiff was forced to seek refuge in a nearby residence in order to seek safety and relief from the gas attack.

211.            Plaintiff Mirtha Maria Falcon was asleep in her home, with her mother and her two minor children, located next to the Gonzalez family home, when the raid began.  Plaintiff was awoken by screaming and noise, she then went to the window to see what was happening.  Plaintiff’s house commenced to fill with gas, she never left her home. 

212.            Plaintiff Yuliet Colon, a minor, was asleep in her home, with her grandmother, mother and brother, located next to the Gonzalez family home, when the raid began.  Plaintiff was awoken by screaming and noise.  Plaintiff’s house commenced to fill with gas, she never left her home.  


213.            Plaintiff Antonio Ortega, a minor, was asleep in his home, with his grandmother, mother and sister, located next to the Gonzalez family home, when the raid began.  Plaintiff was awoken by screaming and noise.  Plaintiff’s house commenced to fill with gas, he never left his home.  214.            Plaintiff Lenia Fernandez was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street, praying the Rosary with a group of supporters, behind the barricade.  Plaintiff moved towards the Gonzalez family home in an effort to help people lying in the ground who had been beaten or overcome with gas.  A federal agent grabbed Plaintiff by the right arm and shoved her left shoulder, shouting, “Bitch!” at her, as she fell to the ground.  The federal agent then pointed a machine gun at her while she lay on the ground.  Although Plaintiff was immobilized from the effects of the gas attack and the federal agent holding her at gunpoint, another federal agent approached Plaintiff and sprayed her directly in the face with gas.

215.            Plaintiff Osmany Fernandez was asleep in his home when the raid began.  Plaintiff’s home is next door to the Gonzalez family home.  Plaintiff was awoken by the noise and gas of the raid.  Plaintiff got up and went out to his front yard, where he was doused with gas by federal agents.  Plaintiff then retreated inside, but was overwhelmed by the gas that was in his home.  Plaintiff called the rescue squad for other supporters, but there was no response.  Plaintiff then went to his bathroom and tried to wash his face.

216. Plaintiff Pastera Ferrer was among the supporters assembled peacefully behind the

barricade when federal agents doused her and other supporters with gas.  When the raid began, Plaintiff was in the front yard of the Gonzalez family home behind the barricade.  Plaintiff was overcome by the gas and fell to the ground.

217.            Plaintiff Jose Antonio Freijo was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to mover closer to the Gonzalez family home, but was stopped by an armed federal agent.  The federal agent threatened to kill Plaintiff, then hit Plaintiff in the leg with his weapon.  Plaintiff also was hit in the head with a club by a federal agent, and was sprayed with more gas.


218.            Plaintiff Gilberto Gallarraga was asleep in his bedroom.  Plaintiff’s house is next to the Gonzalez family home.  When the raid began, Plaintiff awoke because he was choking and his skin was burning.  Plaintiff got out of bed and went outside onto the street.  Plaintiff tried to reenter his house, but the cloud of gas was too dense.  Plaintiff stayed outside and moved down the street to get some fresh air. 

219.            Plaintiff Jose I. Garcia was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  He tried to move closer to the Gonzalez family home to see what was happening, but was pushed and kicked by federal agents.  Plaintiff was forced to move away from the area to seek safety and relief from the effects of the gas attack.

220.            Plaintiff Ledia Betancourt Garcia was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  She moved closer to the Gonzalez family home to see what was happening, but was pushed and kicked by federal agents.  Plaintiff was forced away from the area in order to seek safety and relief from the effects of the gas attack.

221.            Plaintiff Rosa Garcia was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  She moved closer to the Gonzalez family home to see what was happening, but was pushed and kicked by federal agents.  A federal agent pushed Plaintiff to the ground, injuring her right leg.  Plaintiff was forced away from the area in order to seek safety and relief from the effects of the gas attack.


222.            Plaintiff Ruben Garcia was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in a yard neighboring the Gonzalez family home behind the barricade.  Plaintiff approached the barricade, but was sprayed with gas by a federal agent.

223.            Plaintiff Nixy Gomez was among the supporters assembled peacefully behind the barricade when federal agents doused her and other supporters with gas.  When the raid began, Plaintiff was across the street from the Gonzalez family house behind the barricade.  Plaintiff was overcome with gas and began to cry and run away.

224.            Plaintiff Carlos Alberto Gonzalez was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was stopped by a federal agent who brandished a weapon at Plaintiff and threatened to shoot him.  Plaintiff also was threatened with a battering ram by a federal agent.

225.            Plaintiff Jose A. Gonzalez was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was grabbed by federal agents and knocked to the ground.  Federal agents then sprayed Plaintiff with gas at least one more time.


226.            Plaintiff Josefa R. Gonzalez was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Although Plaintiff remained behind the barricade at all times, federal agents ran towards Plaintiff and sprayed her with gas at least one more time, spraying her directly in the face.

227.            Plaintiff Vanessa Gonzalez was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade two houses down and across from the Gonzalez family’s home.  Plaintiff moved farther away from the Gonzalez family home and down the street in order to get fresh air.

228.            Plaintiff Yusleivy Gonzalez was asleep inside her bedroom.  Plaintiff’s house is across the street and several houses down from the Gonzalez family home.  When the raid began, Plaintiff awoke from the noise caused by the raid.  Plaintiff got out of bed and went to open her front door to see what was happening.  Plaintiff quickly closed her door to keep gas from pouring into her house.  Plaintiff never left the inside of her home.

229.            Plaintiff Estrelva G. Guevara was among the supporters assembled peacefully behind the barricade by the press area, when federal agents doused her and the other supporters with gas.  Plaintiff was overcome by the gas, and was forced to leave the area in order to seek safety and relief from the effects of the gas attack.

230.            Plaintiff Pablo Hernandez was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff approached the barricade to see what was happening, but federal agents sprayed him with gas.  Plaintiff retreated, flushed his face with water, then tried to move closer to the Gonzalez family home, but was sprayed again with gas.  Plaintiff was forced to leave the area in order to seek safety and relief from the effects of the gas attack.


231.            Plaintiff Yanet Huet was asleep in her home when the raid began.  Plaintiff’s home is next door to the Gonzalez family home.  Plaintiff was awoken by the noise and gas from the raid.  Plaintiff got up and went out to her front yard where she was doused with gas by federal agents.  Plaintiff then retreated inside her home, but was overwhelmed by the gas that was in her home.  Plaintiff called the rescue squad for the supporters but there was no response.  Plaintiff then went to her bathroom to wash her face.

232.            Plaintiff Martha Teresita Lara was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house near the Gonzalez family home behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was seized and thrown to the ground by federal agents.  After Plaintiff was thrown to the ground, a federal agent pointed his weapon at her and shouted “If you move I’ll shoot.”  Although Plaintiff was clearly immobilized by the effects of the gas attack and the federal agent holding her at gunpoint, Plaintiff was sprayed  directly in the face with gas and was kicked in the stomach by a federal agent.

233.            Plaintiff Maria Eugenia Cabrera Lazo was in her bedroom getting ready for work when the raid began.  Plaintiff heard a lot of noise and became frightened and scared. 

234.            Plaintiff Thomas A. Camacho, a minor, was asleep in his room when the raid began.  He awoke to the noise of the raid and became very scared.


            235.            Plaintiff Martha Lorenzo was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house near the Gonzalez family home behind the barricade.  Plaintiff tried to move closer to the barricade to see what was going on, but did not cross it.  As the raiding party was preparing to leave with Elian, a federal agent screamed, “Go home bitch!” at Plaintiff, then sprayed gas directly in Plaintiff’s face at point blank range.  Plaintiff was blinded completely and had to be led to safety.

236.            Plaintiff Reina A. Machado was asleep in her bedroom.  Plaintiff’s home is next door to the Gonzalez family’s home.  She awoke when a gas cannister broke the glass to her window and shattered over her head.  Plaintiff then got up and ran out of her room because the room began to fill with gas, when a young lady jumped through her window to assist her.  Plaintiff never left her home during the raid.

237.            Plaintiff Anaisa Machin was asleep in her bedroom.  At the time of the raid Plaintiff lived across the street and one house to the right of the Gonzalez family home.  When the raid began Plaintiff was awoken from the noise and gas that began to fill her room.  At the time of the raid Plaintiff was 8 months pregnant.  Plaintiff never left her apartment.

238.            Plaintiff Morgan Marcos was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas. When the raid began Plaintiff was behind the barricade in front and to the right of the Gonzalez family home.  Plaintiff was approached by a federal agent, the agent told him, “Don’t move or we’ll shoot”, while pointing a gun at Plaintiff.  The federal agent then struck Plaintiff with a battering ram, threw Plaintiff to the ground and another federal agent sprayed him directly in the face with gas.  Plaintiff then tried to push the battering ram away to protect himself, the federal agent then pinned Plaintiff to the ground and said “Eat dirt”.  The federal agent’s mask dislodged from the chin area and began to fill with gas.  The federal agent then ran away.


239.            Plaintiff Alberto Martell was on the property of the Gonzalez family home.  When the raid began Plaintiff was in the left rear of the Gonzalez family’s home and he was doused with gas.  A federal agent then took Plaintiff along with another supporter and pushed Plaintiff to the ground.  The federal agent pointed a machine gun to Plaintiff’s head, put a foot on Plaintiff’s back to pin Plaintiff down and doused him again with gas.  The agent held Plaintiff down until the agents retreated.

240.            Plaintiff Nelva Martin was among the supporters assembled peacefully behind the barricade when federal agents doused her and other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff was pushed and shoved by federal agents.  Plaintiff entered the Gonzalez family home through the side in order to seek refuge.  The house then proceeded to fill with gas.

241.            Plaintiff Ileana L. Martinez was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to get away from the gas when a federal agent approached and pushed the barricade causing Plaintiff and other supporters with her to fall over the barricade.  Plaintiff then got up and moved down the street when a federal agent pushed Plaintiff down and doused her again with gas.  Plaintiff then moved farther down the road for fresh air.

242. Plaintiff Jose L. Martinez was in his home.  At the time of the raid, Plaintiff lived

across the street and one house to the right of the Gonzalez family home.  When the raid began, Plaintiff was dressing for work when he heard noises.  Plaintiff proceeded to the street where he was overwhelmed by a cloud of gas.  Plaintiff then entered his home from the rear.

243. Plaintiff Pedro S. Martinez was among the supporters peacefully assembled behind


the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to get away from the gas when a federal agent approached and pushed the barricade causing Plaintiff and other supporters with him to fall over the barricade.  Plaintiff then got up and moved down the street where he was again doused with gas.  Plaintiff moved farther down the road for fresh air.

244. Plaintiff Felix R. Meana was in the Gonzalez family home.  When the raid began,

Plaintiff was in the backyard of the Gonzalez family home, next to the swings.  Plaintiff went to look over the fence when a federal agent grabbed Plaintiff’s hand and threw Plaintiff to the ground.  The federal agent pointed a machine gun to Plaintiff’s head and told Plaintiff not to move.  Plaintiff was then sprayed in the face with gas.

245.            Plaintiff Troadio Mesa was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was on the front patio of a house near the Gonzalez family home behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home in order to assist the women from “Mothers Against Repression” who had been praying the Rosary in the front yard of the Gonzalez family home, but had been knocked to the ground by federal agents.  Plaintiff was overcome by the federal agents’ gas attack and collapsed to the ground.  Although Plaintiff clearly had been immobilized by the gas, he was shoved by one of the federal agents.


246.            Plaintiff Mario Miranda, a former Miami police officer and head of security for the Cuban American National Foundation, was among the supporters assembled outside the Gonzalez family home.  When the raid began, Plaintiff was inside the front yard of the Gonzalez family home, at the invitation of the Gonzalez family.  Plaintiff moved towards the rear of the Gonzalez home, where three (3) federal agents grabbed him, threw him to the ground and sprayed gas directly in his face.  One of the federal agents held a machine gun to his face and screamed, “Don’t move mother-fucker or we’ll blow your fucking head off.”  Plaintiff was forced to remain on the ground, with a machine gun pointed at his head, for the duration of the raid.

247.            Plaintiff Julio Mondelo was in his home with his wife Martha Mondelo.  The Mondelo’s home is across the street and a few houses to the left of the Gonzalez family home.  When the raid began, Plaintiff was standing at his front door, when his wife came looking for him because Plaintiff is a stroke victim.  His wife attempted to call the rescue squad for Plaintiff, but they did not respond.  Plaintiff’s home commenced to fill with gas.  Plaintiff never left his property.

248.            Plaintiff Martha Mondelo was in her home with her husband Julio Mondelo.  The Mondelo’s home is across the street and a few houses to the left of the Gonzalez family home.  When the raid began, Plaintiff heard noise and noticed that her door was open and began looking for her husband.  Plaintiff’s home commenced to fill with gas, however she never left her property.

249.            Plaintiff Jorge A. Morales was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was stopped by a federal agent.  The federal agent threatened Plaintiff with a spray cannister, then grabbed Plaintiff and pushed him against a fence.  The federal agent then kicked Plaintiff in the hip and sprayed him heavily with gas.


250.            Plaintiff Aray Noda and her infant daughter, Darianne Diago, were asleep in Plaintiff’s bedroom.  Plaintiff’s house is next door to the Gonzalez family home.  When the raid began, Plaintiff awoke from the noise and the smell of gas caused by the raid.  Plaintiff got out of bed and tried to see what was happening from Plaintiff’s window.  Plaintiff’s home began to fill up with gas.  Plaintiff attempted to contact the rescue squad on four occasions, for her child, but the rescue squad did not respond.  Plaintiff then proceeded to grab her child and walk down the street to the rescue squad.  Plaintiff was informed that she could take her child to the hospital, no treatment for the infant was rendered onsite nor was the infant transported to the hospital by the rescue squad.

251.            Plaintiff Zaida Nunez was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house near the Gonzalez family home.  Plaintiff moved towards the barricade to see what was happening when a federal agent screamed, “Get back you bitch!” and shot a blast of gas into Plaintiff’s face at point blank range.  A federal agent then fired a second point blank blast of gas into Plaintiff’s face.

252.            Plaintiff Francisco Ondarza was asleep in a home located two houses to the left of the Gonzalez family home, which is located at 2322 SW 3rd Street, Miami, Florida, when the raid began.  Plaintiff walked towards the Gonzalez’s home when he heard the commotion of the raid.  When he approached the Gonzalez’s home he was sprayed directly in the face by a federal agent.  Plaintiff then lost consciousness and fell to the ground.

253.            Plaintiff Roberto Orama was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  Plaintiff was overcome by the cloud of gas sprayed by the federal agents.  Plaintiff was forced away from the area in order to seek safety and relief from the effects of the gas attack.


254.            Plaintiff Martha Lina Oropesa was passing out water to the supporters peacefully assembled behind the barricade when federal agents doused her and the other supporters with gas. Plaintiff was pushed to the ground and federal agents pointed automatic rifles at her.

255.            Plaintiff Anna Teresa Ortega was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was on the front patio of a house near the Gonzalez family home behind the barricade.  Plaintiff tried to move closer to the Gonzalez family’s home in order to assist Ramon Saul Sanchez of the “Democracy Movement,” who had been knocked to the ground by federal agents.  Plaintiff was kneed, stepped upon and kicked by federal agents as they left the Gonzalez family’s home.

256.            Plaintiff Antonio Florentino Ortega was outside his apartment building, located directly to the east of the Gonzalez family’s home, leaving for work when the raid began.  As Plaintiff put his lunch in the back of his car, he was sprayed with gas by a federal agent.  The federal agent pushed Plaintiff to the ground, threatened Plaintiff with a spray cannister, and shouted at Plaintiff in English, a language Plaintiff does not understand.

257.            Plaintiff Yusledis Ortiz was on the property of the Gonzalez family’s home with her husband and minor child, Lazaro Martell.  When the raid began, Plaintiff was in the back yard of the Gonzalez family home and her child was asleep in the living room.  When the federal agents arrived, Plaintiff retreated into the house to retrieve her child from the living room.  Plaintiff then ran into the bedroom with the Gonzalez family, including Elian Gonzalez, where they were overwhelmed with gas.  Plaintiff stayed on the floor, covering her child, until the federal agents retreated.


258.            Plaintiff Lazaro Martell, a minor, was asleep in the living room of the Gonzalez family home.  When the raid began his mother, Yusledis Ortiz, grabbed him and ran into the bedroom with the Gonzalez family, including Elian Gonzalez, where they were overwhelmed with gas.  Plaintiff stayed on the floor of the bedroom, covered by his mother, until the federal agents retreated.

259.            Plaintiff Miriam Palacio was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house across the street from the Gonzalez family home behind the barricade.  Plaintiff was overcome by the cloud of gas sprayed by the federal agents and fell to the ground disoriented.  Plaintiff was forced to leave the area in order to seek safety and relief from the effects of the gas attack.

260.            Plaintiff Misael Pandiello was among the supporters peacefully assembled behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff moved away from the Gonzalez family home and down the street in order to get fresh air.

261. Plaintiff Cristobal Peraza was inside his home located adjacent to the Gonzalez

family home, along with his wife, his mother-in-law and a friend.  Plaintiff heard a persistent siren noise when the raid began, and ran outside to see what was happening.  A federal agent sprayed Plaintiff directly in the face with gas, while using profane language.  Plaintiff retreated into his home, but the house was filled with gas, and Plaintiff had to go outside again, trying to get fresh air.  Federal agents again doused Plaintiff and supporters with gas, while using profane language.  Plaintiff’s wife again entered the home to call the rescue squad, but there was no telephone service.


262.            Plaintiff Madeleine Peraza was inside her home located adjacent to the Gonzalez family home, along with her husband, her mother and a friend.  Plaintiff heard a persistent siren noise when the raid began, and ran outside to see what was happening.  A federal agent sprayed Plaintiff directly in the face with gas, while using profane language.  Plaintiff retreated into her home, but the house was filled with gas, and Plaintiff had to go outside again, trying to get fresh air.  Federal agents again doused Plaintiff and supporters with gas, while using profane language.  Plaintiff again entered her home to call the rescue squad, but there was no telephone service. 

263.            Plaintiff Sergio Perez-Barroto was in his home.  Plaintiff’s home is across the street and a few houses to the right of the Gonzalez family home.  When the raid began, Plaintiff heard yelling and loud noises so he proceeded to run out of his house onto the street.  Plaintiff attempted to jump the barricade in order to assist fallen peaceful supporters.  Plaintiff became very disoriented and blacked out.  Plaintiff awoke in the yard of the Gonzalez family home when the raid was over.

264.            Plaintiff Angel Pina was asleep in his bedroom with his wife, Myra Pina, and their daughter, Jennifer Pina, was in her room.  The Plaintiff’s house is across the street from the Gonzalez family home.  When the raid began, Plaintiff was awoken by screaming and noise.  Plaintiff got up to see what was happening.  Plaintiff gave first aid to several individuals.  Plaintiff then returned to his home which was filled with gas.

265.            Plaintiff Jennifer Pina was asleep in her bedroom and her parents, Angel Pina and  Myra Pina, were in their room.  The Plaintiff’s house is across the street from the Gonzalez family home.  When the raid began, Plaintiff was awoken by screaming and noise.  Plaintiff got up to see what was happening.  Plaintiff gave first aid to several individuals.  Plaintiff then returned to her home which was filled with gas.


266.            Plaintiff Myra Pina was asleep in her bedroom with her husband, Angel Pina, and their daughter, Jennifer Pina, was in her room.  The Plaintiff’s house is across the street from the Gonzalez family home.  When the raid began, Plaintiff was awoken by screaming and noise.  Plaintiff got up to see what was happening.  Plaintiff gave first aid to several individuals.  Plaintiff then returned to her home which was filled with gas.

267.            Plaintiff Melissa Pumarega was among the supporters peacefully assembled in front of the Gonzalez family home when federal agents doused her and the other supporters with gas.

            268.            Plaintiff Nestor Ramos was among the supporters peacefully assembled behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was approximately 50 ft. behind the barricade.  Plaintiff was sprayed directly in the face with gas by a federal agent.  Plaintiff was overwhelmed by the gas and retreated for fresh air.

269.            Plaintiff Otoniel Ramos was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was on the front patio of a house near the Gonzalez family home behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was stopped by a federal agent, who brandished a weapon in one hand and a spray cannister in the other.  The federal agent pushed Plaintiff to the ground and sprayed Plaintiff in the face with gas, shouting, “Get out of here mother-fucker.”

270.            Plaintiff Leonor Rivero was in her home with all the windows open.  When the raid began, Plaintiff was breastfeeding her infant child.  Plaintiff heard noises and her home began to fill with gas.  Plaintiff proceeded to lock herself and her infant child in her bathroom to escape the gas.


271.            Plaintiff Maria A. Riveron was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the front yard of a house across the street from the Gonzalez family home behind the barricade.  Plaintiff was overcome by the gas sprayed by federal agents, and was forced to leave the area in order to seek safety and relief from the effects of the gas attack.

272.            Plaintiff Pedro Riveron was outside his home, preparing to begin his daily physical training run when he heard screaming and smelled gas.  Plaintiff moved towards the Gonzalez family home to see what was going on.  Plaintiff himself was then doused with gas.

273.            Plaintiff Eduardo Rodriguez was asleep in his bedroom.  Plaintiff’s home is across the street from the Gonzalez family home.  Plaintiff went to the roof of his house to film the raid.  Federal agents yelled at him and instructed him to get down from the roof.  Plaintiff was overwhelmed by the gas and tried to get fresh air.

274.            Plaintiff Manuel Rodriguez was in his bedroom. Plaintiff’s home is located a short distance from the Gonzalez family home.  When the raid began, Plaintiff heard noise and walked towards the Gonzalez family home when a gas cloud increased and intensified.

275.            Plaintiff Maria E. Rodriguez was sleeping in her house, located directly across the street from the Gonzalez family home, when the raid began.  Plaintiff was awoken by the noise of the raid, and she went outside to see what was happening.  As Plaintiff stood in her front yard, still in her pajamas, federal agents pointed their weapons at her and shouted, “Stay back or we’ll shoot!,” and “Get the fuck out!”  Plaintiff raised her hands in the air, and a federal agent sprayed her with gas.


276.            Plaintiff Marta Rodriguez was among the supporters peacefully assembled behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to get away from the gas when a federal agent approached.  The federal agent pushed the barricade causing Plaintiff and supporters with her to fall over the barricade.  Plaintiff then got up and moved down the street as federal agents again doused her with gas.  Plaintiff then moved farther down the road for fresh air.

277.            Plaintiff Patricia Rodriguez was among the supporters peacefully assembled behind the barricade when federal agents doused her and the other supporters with gas. When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to get away from the gas when a federal agent approached.  The federal agent pushed the barricade causing Plaintiff and supporters with her to fall over the barricade.  Plaintiff then got up and moved down the street as federal agents again doused her with gas.  Plaintiff then moved farther down the road for fresh air.

278.            Plaintiff Tomas A. Rodriguez was among the supporters peacefully assembled behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff moved towards the Gonzalez family home to see what was happening.  Plaintiff was again doused with gas, turned away, and fell to the ground, overcome by gas.

279. Plaintiff Gloria Sanchez was inside her daughter’s home located adjacent to the

Gonzalez family home, along with her daughter, her son-in-law and a friend.  Plaintiff heard a persistent siren noise when the raid began, and ran outside to see what was happening.  A federal agent sprayed Plaintiff directly in the face with gas, while using profane language.  Plaintiff retreated into the home, but the house was filled with gas, and Plaintiff had to go outside again, trying to get fresh air.  Federal agents again doused Plaintiff and supporters with gas, while using profane language.  Plaintiff’s daughter again entered the home to call the rescue squad, but there was no telephone service.

280. Plaintiff Ileana Santana was inside her friend’s, Madeleine Peraza, home, located


adjacent to the Gonzalez family home, along with her friend, her friend’s husband and her friend’s mother.  Plaintiff heard a persistent siren noise when the raid began, and ran outside to see what was happening.  A federal agent sprayed Plaintiff directly in the face with gas, while using profane language.  Plaintiff retreated into the home, but the house was filled with gas, and Plaintiff had to go outside again, trying to get fresh air.  Federal agents again doused Plaintiff and supporters with gas, while using profane language.  Plaintiff’s friend again entered the home to call the rescue squad, but there was no telephone service.

281.            Plaintiff Armanda Santos was in her kitchen while her husband, Orlando Santos, was asleep in his bedroom.  Plaintiff’s home is the second house to the right of the Gonzalez family home.  When the raid began, Plaintiff was startled by the noises from the raid.  Plaintiff tried to see what was happening when supporters tried to enter her home to get away from the gas.  Federal agents came onto Plaintiff’s property and sprayed gas.  Plaintiff never left her property during the raid.

282.            Plaintiff Orlando Santos was asleep in his bedroom.  Plaintiff’s home is the second house to the right of the Gonzalez family home.  Plaintiff had just recently been released from the hospital after surgery.  When the raid began, Plaintiff was awoken by the noises from the raid.  Plaintiff tried to see what was happening when supporters tried to enter his home to get away from the gas.  Federal agents came onto Plaintiff’s property and sprayed gas.  Plaintiff never left his property during the raid.


283.            Plaintiff Michael Stafford was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff ran towards the front door of the Gonzalez family home as federal agents approached with a battering ram.  As federal agents tried to break down the front door of the home, Plaintiff tried to pull the battering ram away.  Plaintiff was immediately attacked by several federal agents.  He was punched in the face, under his right eye, and fell to the ground.  Although Plaintiff was clearly immobilized by the federal agents, they continued to beat him as he lay on the ground.  Plaintiff’s shirt was torn, and he was punched repeatedly by federal agents.  Still other federal agents continued to spray gas near and around Plaintiff.

284.            Plaintiff Diego Tintorero was standing on the roof of a house immediately to the west of the Gonzalez family home, waiving an American flag amid the clouds of gas sprayed by federal agents.  When Plaintiff came down from the roof to the area where the news media was located, he was sprayed twice with gas by federal agents.

285.            Plaintiff Angela Tania Toro was asleep in her bedroom.  Plaintiff’s house is next to the Gonzalez family home.  When the raid began, Plaintiff was awoken by screaming and noise, she then went to the window to see what was happening.  Plaintiff’s home began to fill with gas, she never left her home.

286.            Plaintiff Alexei Torres was in the driveway and front yard of his home.  Plaintiff’s home is very close to the Gonzalez family home.  When the raid began, federal agents doused Plaintiff with gas. Plaintiff was overcome by the gas sprayed by federal agents.

287.            Plaintiff Carlos Treto was among the supporters peacefully assembled behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to get away from the gas when a federal agent approached.  The federal agent pushed the barricade causing Plaintiff and other supporters to fall over the barricade.  Plaintiff then got up and moved down the street as he was again doused with gas.  Plaintiff moved farther down the road for fresh air.


288.            Plaintiff Carmen Valdés was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was in the street, praying the Rosary with a group of supporters, behind the barricade.  A federal agent approached Plaintiff, screamed, “You fucking bitch, get back!” and sprayed a shot of gas directly into her face at point blank range.  Plaintiff became disoriented and terrified.  Plaintiff’s husband approached and tried to help her, whereupon a federal agent sprayed her with gas again.  Plaintiff tried to moved away in order to seek safety and relief from the effects of the gas attack.  Nonetheless, a federal agent sprayed Plaintiff with gas for a third time.

289.            Plaintiff Divaldo Valdés was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street praying the Rosary with a group of supporters behind the barricade.  Plaintiff witnessed a federal agent using foul language at his wife and spraying her in the face with gas.  Plaintiff moved to assist his wife, whereupon he too was sprayed twice with gas by a federal agent.

290.            Plaintiff Miriam A. Zaldivar was among the supporters assembled peacefully behind the barricade when federal agents doused her and the other supporters with gas.  When the raid began, Plaintiff was near the press area behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was sprayed with gas.  Plaintiff became disoriented, then vomited and lost control of her bladder.  A federal agent then stepped on her foot, crushing a toe.  Plaintiff was overcome by the gas sprayed by federal agents, and was forced to leave the area in order to seek safety and relief from the effects of the gas attack.


291.            Plaintiff Carlos R. Zayas was among the supporters assembled peacefully behind the barricade when federal agents doused him and the other supporters with gas.  When the raid began, Plaintiff was in the street behind the barricade.  Plaintiff tried to move closer to the Gonzalez family home, but was stopped by a federal agent who sprayed him in the face with gas. 

292.            At 5:30 a.m. Reno telephoned Podesta to tell him the raid had gone off “without a hitch.”  Podesta rang his boss upstairs.  “The president was pleased,” Lockhart said later.

293.            At a subsequent press conference, Reno admitted that she ordered the raid:  “I commenced [the] operation. . . .”  “I gave the go-ahead for the operation . . . .”

294.            Reno also made clear that the raid was a carefully-choreographed, pre-planned event, the details of which she had fully approved.  In fact, Reno admitted that the only independent authority given to the federal agents on the scene was the precise timing of the raid: “Law enforcement personnel were on the scene, were authorized to and did make the final call as to when to enter the Gonzalez home, because this was a very carefully timed law enforcement operation.”

295.            On June 7, 2000, the INS made public an “Operation Reunion After Action Report,” which further confirmed that Reno personally directed the paramilitary raid, that the raid was carefully planned in advance, and that the raid was fully executed as planned.  According to the report:

At 5:15 a.m. on Saturday, April 22, 2000, at the direction of the Attorney General, a law enforcement operation was conducted to effect custody of Elian Gonzalez and deliver him to his father. . . . All objectives for Operation Reunion were met, with no significant injuries to either federal agents or bystanders and no fundamental changes to the approved plan.

 

See The Miami Herald Internet Edition, June 7, 2000 (emphasis added).  Plaintiffs deny that there were no significant injuries to bystanders.


296.            As a proximate result of the raid, Plaintiffs suffered substantial damages, including physical injuries resulting from the gas used on them and the beatings to which some of them were also subjected, as well as pain, suffering, emotional distress, fear, and loss of liberty, among others damages.  In particular:

(a) Plaintiff Hector S. Abelairas suffered eye, nose, throat and skin irritation and

burning, coughing, choking, difficulty breathing and repetitive vomiting aggravated and caused hemorrhaging of the prostate.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, headaches, sleeplessness, emotional distress and anxiety, and prostate damage, among other ailments.

(b) Plaintiff Miguel A. Alejandro suffered cuts on his arms, legs and above his

eyebrow.  In addition, Plaintiff suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, incoherence, chest pain, knee pain, headache, anxiety and back pain, among other ailments.

(c)         Plaintiff Gregory Paul Allen suffered eye, nose, throat and skin irritation and  burning, coughing, choking and difficulty breathing, as well as a rash on his hands and numbness in his fingers, among other ailments.  Plaintiff suffered and/or continues to suffer from a rash on his hands and skin, among other ailments.

(d) Plaintiff Abel Ramon Alonso suffered eye, nose, throat and skin irritation

 and burning, coughing, difficulty breathing, rash, headaches, nausea, loss of voice, disorientation and anxiety among other ailments.

(e) Plaintiff Natalie Alonso, a minor, suffered eye, nose, throat and skin


 irritation and burning, coughing, difficulty breathing, rash resulting from an allergic reaction, nightmares and anxiety, among other ailments.

(f) Plaintiff Nicole Alonso, a minor, suffered eye, nose, throat and skin irritation

and burning, coughing, difficulty breathing, nausea, nightmares and anxiety, among other ailments.

(g) Plaintiff, Tanay Alonso suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, nausea, loss of voice, disorientation and anxiety, among other ailments.

(h)         Plaintiff Leslie Alvarez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea.  Plaintiff continues to have difficulty breathing, a sore throat, rapid heart beat, eye irritation, sinus congestion, nausea and vomiting, emotional distress and anxiety, among other ailments.

(i) Plaintiff Elsa Anderson suffered eye, nose throat and skin irritation and

burning, difficulty breathing, vomiting, incontinence, and injured her right hip when she fell on the ground after being overcome by the gas, among with other ailments.

(j)     Plaintiff Guillermo Arce suffered eye, nose, throat and skin irritation and  burning, coughing, choking and difficulty breathing, as well as stomach, hip, back, and intestinal pain, among other ailments.  Plaintiff suffered and/or continues to suffer from sleeplessness, eye irritation and back pain, among other ailments.


(k)         Plaintiff Joel Beltran suffered bruising and contusions to the chest, head pain, sprained left wrist and hand, eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea and vomiting.  Plaintiff continues to have skin rashes, sleeplessness, neck and shoulder pain, hand and finger pain, headaches, emotional distress and anxiety, among other ailments.

(l)          Plaintiff Teresa Benitez sustained bruises on her arms, back and chest.  Plaintiff also suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, hives on left arm, headaches, nausea and anxiety, among other ailments.

(m)        Plaintiff Concepcion Maria Cabral suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, sleeplessness and anxiety, among other ailments.

(n)         Plaintiff Francia De La Concepcion Cabral suffered eye, nose and throat irritation, burning and coughing.  Plaintiff suffered and/or continues to suffer from eye, nose and throat irritation and anxiety, among other ailments.

(o)         Plaintiff Nancy Canizares suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing as well as nausea, vomiting, bruises and soreness, among other ailments.  Plaintiff suffered and/or continues to suffer from watery and irritated eyes, headaches, sleeplessness, anxiety and emotional stress, among other ailments.

(p)         Plaintiff Arturo Castellanos suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from blurry vision, nose and throat irritation, headaches, sleeplessness and anxiety, among other ailments.

(q)         Plaintiff Blanca Nieves Chils suffered eye, nose and throat irritation, burning, coughing, and nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from eye, nose and throat irritation and anxiety, among other ailments.


(r)          Plaintiff Juan Francisco Chils suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, anxiety, throat irritation, and sleeplessness, among other ailments.

(s)         Plaintiff Sandra Cobas suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, anxiety, throat irritation, and sleeplessness, among other ailments.

(t)          Plaintiff Milagros Cruz suffered nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as facial swelling, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, sleeplessness, neck, back and stomach pains, anxiety and emotional stress, among other ailments.

(u)         Plaintiff Donato Dalrymple suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments. 

(v)         Plaintiff Cosme Damian Diago suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as facial swelling, among other ailments.  Plaintiff suffered and/or continues to suffer from watery and irritated eyes, headaches, sleeplessness, anxiety and emotional stress, among other ailments.

(w) Plaintiff Darianne Diago, a minor, suffered skin irritation, difficulty

breathing, coughing, among other ailments.


(x)         Plaintiff Idail Diago suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea and swelling, among other ailments.  Plaintiff suffered and/or continues to suffer from difficulty breathing, headaches, sharp back pain, sleeplessness and anxiety, among other ailments.

(y)         Plaintiff Ramon Diago suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as swelling, among other ailments.  Plaintiff suffered and/or continues to suffer from eye, nose and throat irritation, coughing, headaches, backaches, chronic fatigue, sleeplessness and anxiety, among other ailments.

(z)         Plaintiff Norma Dominguez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as swelling, among other ailments.  Plaintiff’s contact lenses dissolved in her eyes as a result of the federal agents’ gas attack.  Plaintiff suffered and/or continues to suffer from eye irritation, chronic fatigue, severe headaches, nausea, dizziness, anxiety, sleeplessness and back pain, among other ailments.

(aa)       Plaintiff Eva Espinosa suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea and heart palpitations, among other ailments.  Plaintiff suffered and/or continues to suffer from difficulty breathing, headaches, sharp back pain, sleeplessness and anxiety, among other ailments.

(bb)       Plaintiff Triburcio Estupinan suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from eye, nose and throat irritation, coughing, headaches, backaches, chronic fatigue, sleeplessness and anxiety, among other ailments.

(cc) Plaintiff Mirtha M. Falcon suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting, chest pain and anxiety, among other ailments.


(dd) Plaintiff Yuliet Colon, a minor, suffered eye, nose, throat and skin irritation

and burning, coughing, difficulty breathing, nausea, vomiting, chest pain and anxiety, among other ailments.

(ee) Plaintiff Antonio Ortega, a minor, suffered eye, nose, throat and skin

irritation and burning, coughing, difficulty breathing, nausea, vomiting, chest pain and anxiety, among other ailments.

(ff)         Plaintiff Lenia Fernandez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from throat irritation, sleeplessness and anxiety.

(gg) Plaintiff Osmany Fernandez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other ailments.

(hh) Plaintiff Pastera Ferrer suffered eye, nose, throat and skin irritation and

burning, coughing, choking, difficulty breathing, nausea and caused Plaintiff to urinate herself.  Plaintiff suffered and/or continues to suffer from eye irritation, sleeplessness, emotional distress and anxiety, among other ailments.

(ii)         Plaintiff Jose Antonio Freijo suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff also suffered an abrasion on his head and has bruises on his foot and leg, among other ailments.  Plaintiff suffered and/or continues to suffer from  back pain and anxiety, among other ailments.

(jj) Plaintiff Gilberto E. Gallarraga suffered eye, nose, throat and skin irritation


and burning, coughing, difficulty breathing, nausea, vomiting, disorientation, small blisters on his arms and neck for several days after the raid and anxiety, among other ailments.

(kk)       Plaintiff Jose I. Garcia suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.   Plaintiff suffered and/or continues to suffer from difficulty breathing, back pain and anxiety, among other ailments.

(ll)         Plaintiff Ledia Betancourt Garcia suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from breathing difficulties, sleeplessness and anxiety, among other ailments.

(mm)     Plaintiff Rosa Garcia suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from sleeplessness, difficulty breathing, anxiety and emotional distress, among other ailments.

(nn)       Plaintiff Ruben Garcia suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from asthma and breathing difficulties, among other ailments.

(oo) Plaintiff Nixy Gomez suffered eye and skin irritation and burning, difficulty

breathing and heart palpitations, among other ailments.

(pp)       Plaintiff Carlos Alberto Gonzalez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from sleeplessness, anxiety and emotional distress, among other ailments.


(qq)       Plaintiff Jose A. Gonzalez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff also suffered bruises on his legs from being knocked to the ground by federal agents.  Plaintiff continues to suffer eye irritation, difficulty breathing, headaches, arm pain, sleeplessness and anxiety, among other ailments.

(rr)        Plaintiff Josefa R. Gonzalez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from difficulty breathing, sleeplessness, headaches, skin rash on the neck and face, emotional distress and anxiety, among other ailments. 

(ss) Plaintiff Vanessa Gonzalez suffered eye, nose, throat and skin irritation and

burning, coughing, nausea, vomiting, difficulty breathing and anxiety, among other ailments.

(tt) Plaintiff Yusleivy Gonzalez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting, sleeplessness, hair loss, fatigue and anxiety, among other ailments.

(uu)       Plaintiff Estrelva G. Guevara suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments. Plaintiff continues to suffer eye irritation, difficulty breathing, headaches, sleeplessness and anxiety, among other ailments.

(vv)       Plaintiff Pablo Hernandez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from persistent cough and a burning sensation in his stomach and throat.


(ww) Plaintiff Yanet Huet suffered eye, nose, throat and skin irritation and burning,

coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other ailments.

(xx)       Plaintiff Martha Teresita Lara suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff also suffered sharp, constant stomach pains from being kicked in the stomach by federal agents.  Plaintiff suffered and/or continues to suffer from throat and skin irritation, headaches, stomach pain, sleeplessness and anxiety, among other ailments.

(yy) Plaintiff Maria Eugenia Cabrera Lazo suffered eye and skin irritation and

difficulty breathing, anxiety and fear, among other ailments.

(zz) Plaintiff Thomas A. Camacho, a minor, suffered eye, nose, throat and skin

irritation and burning, difficulty breathing, asthma, anxiety and fear, among other ailments.

(aaa)      Plaintiff Martha Lorenzo suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff also suffered having her contact lenses dissolve in her eyes due to the federal gas attack.  Plaintiff suffered and/or continues to suffer from throat and skin irritation, headaches, stomach pain, bleeding ulcers, sleeplessness and anxiety, and an inability to wear contact lenses, among other ailments.

(bbb) Plaintiff Raina A. Machado suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, nightmares and anxiety,  among other ailments.

(ccc) Plaintiff Anaisa Machin suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting, heart palpitations, sleeplessness and anxiety, among other ailments.

(ddd) Plaintiff Morgan Marcos suffered eye, nose, throat and skin irritation and


burning, coughing, difficulty breathing, nausea and anxiety, among other ailments.

(eee) Plaintiff Alfredo Martell suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, nausea, loss of voice, disorientation and anxiety, among other ailments.

(fff) Plaintiff Nelva Martin suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting, headaches and anxiety, among other ailments.

(ggg) Plaintiff Ileana L. Martinez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other

ailments.  In addition, Plaintiff could not remove her contacts lenses until the following day.

(hhh) Plaintiff Jose L. Martinez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, hives on left arm, headaches, nausea and anxiety, among other ailments. 

(iii) Plaintiff Pedro S. Martinez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other ailments.

(jjj) Plaintiff Felix R. Meana suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash for two weeks, headaches, nausea and anxiety, among other ailments.


(kkk)     Plaintiff Troadio Mesa suffered eye, nose and throat irritation, watery eyes, throat constriction, burning and coughing, nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, sleeplessness, anxiety, chronic fatigue, ear, skin and eye irritation, among other ailments.

(lll)         Plaintiff Mario Miranda suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, sleeplessness, anxiety, high blood pressure, and eye irritation, among other ailments.

(mmm) Plaintiff Julio Mondelo suffered eye, nose, throat and skin irritation

and burning, coughing, difficulty breathing, sleeplessness and anxiety, among other ailments.  Additionally, Plaintiff suffered numbness in his left arm and his stroke condition worsened.

(nnn) Plaintiff Martha Mondelo suffered eye, nose, throat and skin irritation

and burning, coughing, difficulty breathing, sleeplessness and anxiety, among other ailments.

(ooo)     Plaintiff Jorge Morales suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff also suffered hip pain from being kicked in the hip by federal agents.  Plaintiff suffered and/or continues to suffer from headaches, back and hip pain and sleeplessness, among other ailments.

(ppp) Plaintiff Aray Noda suffered eye, nose, throat and skin irritation and burning,

coughing, difficulty breathing, nausea, vomiting, sleeplessness, fatigue and anxiety, among other ailments.

(qqq)     Plaintiff Zaida Nunez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as vomiting, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, burning and swollen skin, rapid heart beat, anxiety and emotional distress, among other ailments.


(rrr)       Plaintiff Francisco Ondarza suffered eye hemorrhage, nose, throat and skin irritation and burning, coughing, choking, difficulty breathing and blood in urine.  Plaintiff continues to suffer problems from eye irritation, sleeplessness, headaches associated with his eyes, emotional distress, anxiety and depression, among other ailments.

(sss)      Plaintiff Roberto Orama suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as an injury to the middle of his back, nausea, nervousness and disorientation, among other ailments.  Plaintiff suffered and/or continues to suffer from back pain, eye, nose and throat irritation, among other ailments.

(ttt) Plaintiff Martha Lina Oropesa suffered scratches on her right arm, difficulty

breathing, rash, unconsciousness, and anxiety, among other ailments.

(uuu)      Plaintiff Anna Teresa Ortega suffered from eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as swollen skin, rapid heart beat and chest pain, among other ailments.  Plaintiff suffered and/or continues to suffer from back and side pain, headaches, eye irritation, difficulty breathing, rapid heart beat, burning and swollen skin, emotional distress and anxiety, among other ailments.

(vvv)      Plaintiff Antonio Florentino Ortega suffered eye, nose and throat irritation, watery eyes, throat constrictions, burning and coughing, nausea, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, sleeplessness, anxiety, chronic fatigue, skin and eye irritation, skin rashes, and tightness and cramping in his back, among other ailments.

(www)  Plaintiff Yusledis Ortiz suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, nausea, nightmares and anxiety, among other ailments.


(xxx)  Plaintiff Lazaro Martell, a minor, suffered eye, nose, throat and skin irritation  and burning, coughing, difficulty breathing, nausea, nightmares and anxiety, among other ailments.  Additionally, Plaintiff was treated for over a year for anxiety and aggressive behavior as a result of the raid.

(yyy)      Plaintiff Miriam Palacio suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea and swollen skin, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, sleeplessness, headaches, emotional distress and anxiety, among other ailments.

(zzz) Plaintiff Misael R. Pandiello suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing and anxiety, among other ailments.

(aaaa) Plaintiff Cristobal Peraza suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, sleeplessness, nightmares and anxiety, among other ailments.

(bbbb) Plaintiff Madeleine Peraza suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, sleeplessness, nightmares and anxiety, among other ailments.

(cccc) Plaintiff Sergio Perez-Barroto suffered eye, nose, throat and skin irritation

and burning, coughing, difficulty breathing, nausea, sleeplessness and anxiety, among other ailments.  Additionally, Plaintiff has continuing problems with his left eye and has a gritty feeling in that eye and injured his left shoulder.

(dddd) Plaintiff Angel Pina suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting, sleeplessness and severe anxiety, among other ailments.  Additionally, Plaintiff has continued to suffer from sleeplessness, severe anxiety and shortness of breath, among other ailments.


(eeee) Plaintiff Jennifer Pina suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting and severe anxiety, among other ailments.

(ffff) Plaintiff Myra Pina suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting and severe anxiety, among other ailments.  Additionally, Plaintiff has continued to suffer from asthma among other ailments.

(gggg) Plaintiff Melissa Pumariega suffered eye, nose, throat and skin irritation and

burning, eye infection, coughing, difficulty breathing, sleeplessness and anxiety, among other ailments.

(hhhh) Plaintiff Nestor Ramos suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, nightmares and anxiety, among other ailments.

(iiii)        Plaintiff Otoniel Ramos suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as swollen skin and a rapid heart beat, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, burning and swollen skin, rapid heart beat, anxiety and emotional distress, among other ailments.

(jjjj) Plaintiff Leonor Rivero suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, sleeplessness and anxiety, among other ailments.

(kkkk)   Plaintiff Maria A. Riveron suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, heart palpitations, dizziness and blurred vision, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, sleeplessness, headaches, neck and back pain, emotional distress and anxiety, among other ailments.


(llll)        Plaintiff Pedro Riveron suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from anxiety, sleeplessness and emotional distress, among other ailments.

(mmmm) Plaintiff Eduardo Rodriguez suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, nausea, nightmares and anxiety, among other ailments.  Plaintiff continues to have problems with his eyes; he has been informed that he may be losing his vision.

(nnnn) Plaintiff Manuel Rodriguez suffered eye, nose, throat and skin irritation and

burning, coughing and difficulty breathing, among other ailments.

(oooo)   Plaintiff Maria E. Rodriguez suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, vomiting, heart palpitations, nervousness and disorientation, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, nausea, heart palpitations, sleeplessness and anxiety, among other ailments.

(pppp) Plaintiff Marta Rodriguez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other ailments.

(qqqq) Plaintiff Patricia Rodriguez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other ailments.

(rrrr) Plaintiff Tomas A. Rodriguez suffered eye, nose, throat and skin irritation

and burning, coughing, difficulty breathing, incoherence, chest pain, headaches, anxiety and back pain, among other ailments.


(ssss)     Plaintiff Gloria Sanchez suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, sleeplessness, nightmares and anxiety, among other ailments.

(tttt)       Plaintiff Ileana Santana suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, sleeplessness, nightmares and anxiety, among other ailments.

(uuuu)  Plaintiff Armanda Santos suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, sleeplessness and anxiety, among other ailments.

(vvvv)  Plaintiff Orlando Santos suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, sleeplessness and anxiety, among other ailments.

(wwww) Plaintiff Michael Stafford suffered from eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as bruises and soreness, among other ailments.  Plaintiff suffered and/or continues to suffer from headaches, nausea, heart palpitations, sleeplessness and anxiety, among other ailments.

(xxxx)    Plaintiff Diego Tintorero suffered from eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as swollen skin and rapid heart beat, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, rapid heart beat, burning and swollen skin, emotional distress and anxiety, among other ailments.

(yyyy) Plaintiff Angela Taina Toro suffered eye, nose, throat and skin irritation and

burning, coughing, difficulty breathing, nausea, vomiting, chest pain, headache and anxiety, among other ailments.


(zzzz)  Plaintiff Alexei Torres suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, vomiting and swollen skin, among other ailments.  Plaintiff suffered and/or continues to suffer from eye, sinus, skin and throat irritation, difficulty breathing, back pain, anxiety and sleeplessness, among other ailments.

(aaaaa) Plaintiff Carlos Treto suffered eye, nose, throat and skin irritation and burning, coughing, difficulty breathing, rash, headaches, disorientation and anxiety, among other ailments.

(bbbbb) Plaintiff Carmen Valdés suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff’s contact lenses dissolved in her eyes during the gas attack. Plaintiff suffered and/or continues to suffer from eye, nose and throat irritation, difficulty breathing, nausea, sleeplessness, headaches, and anxiety, among other ailments.

(ccccc)  Plaintiff Divaldo Valdés suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing and anxiety, among other ailments.

(ddddd)  Plaintiff Miriam A. Zaldivar suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, vomiting, incontinence, leg and foot injury and swollen skin, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, chronic fatigue, difficulty breathing, sleeplessness, headaches, emotional distress and anxiety, among other ailments.

(eeeee) Plaintiff Carlos Zayas suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea, vomiting and swollen skin, among other ailments.  Plaintiff suffered and/or continues to suffer from eye irritation, difficulty breathing, sleeplessness, vomiting, burning and swollen skin, emotional distress and anxiety, among other ailments.


        COUNT I

   (Negligence)

 

297. Plaintiffs reallege paragraphs 1 through 296 as if fully set forth herein.

298.           Defendant owed Plaintiffs a duty to use due care in carrying out the April 22, 2000 raid because it was reasonably foreseeable that Defendant’s execution of the raid could cause harm to peacefully assembled protesters, neighbors and passers-by, including Plaintiffs, inside and around the Gonzalez family home during the raid.

299.           Defendant, by and through its agents, servants and employees, breached this duty by failing to use reasonable care to safeguard and protect the lives of peacefully assembled protesters, neighbors and passers-by, including Plaintiffs, inside and around the Gonzalez family home during the April 22, 2000 raid.

300.            As a direct and proximate result, Plaintiffs suffered physical injury, pain and suffering, emotional distress, embarrassment, loss of liberty and personal humiliation, among other damages.

WHEREFORE, Plaintiffs demand judgment be entered against Defendant for compensatory damages, pre- and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems just and proper.

      COUNT II

(Assault & Battery)

 

301. Plaintiffs reallege paragraphs 1 through 300 as if fully set forth herein.

302.           Defendant, by and through its law enforcement agents, servants and employees, willfully and intentionally placed Plaintiffs in reasonable apprehension of physical injury and/or offensive physical contact, and willfully and intentionally caused physical injury and/or offensive physical contact to Plaintiffs, during the April 22, 2000 raid. 


303.            At no point did Plaintiffs consent to this physical injury and/or offensive physical contact.

304.       As a proximate result, Plaintiffs suffered substantial damages, including but not limited to physical injury, pain and suffering, emotional distress, embarrassment and personal humiliation, among other damages.

WHEREFORE, Plaintiffs demand judgment be entered against Defendant for compensatory damages, punitive damages, pre- and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems just and proper.

     COUNT III

     (Intentional Infliction of Emotional Distress)

 

305.            Plaintiffs reallege paragraphs 1 through 304 as if fully set forth herein.

306.           Defendant, by and through its agents, servants and employees, inflicted serious emotional distress on Plaintiffs by engaging in extreme and outrageous conduct that exceeded all reasonable bounds of decency.

307.           Defendant, by and through its agents, servants and employees, acted intentionally and/or with reckless disregard for the severe emotional distress that Plaintiffs would suffer.

308.            As a proximate result, Plaintiffs suffered substantial damages, physical injury, pain and suffering, emotional distress, embarrassment and personal humiliation, among other damages.             WHEREFORE, Plaintiffs demand judgment be entered against Defendant for compensatory damages, punitive damages, pre- and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems just and proper.

 


     COUNT IV

       (Negligent Infliction of Emotional Distress)

 

307. Plaintiffs reallege paragraphs 1 through 306 as if fully set forth herein.

308.           Defendant, by and through its agents, servants and employees, negligently inflicted serious emotional distress on Plaintiffs, resulting in various physical manifestations.

309.            As a proximate result, Plaintiffs suffered substantial damages, physical injury, pain and suffering, emotional distress, embarrassment and personal humiliation, among other damages.             WHEREFORE, Plaintiffs demand judgment be entered against Defendant for compensatory damages, punitive damages, pre- and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems just and proper.

      COUNT V

              (False Imprisonment)

 

310. Plaintiffs reallege paragraphs 1 through 309 as if fully set forth herein.

311.           Defendant, by and through its agents, servants and employees, unlawfully confined, detained, and/or restrained Plaintiffs against their will.

312.           Defendant, through its agents, servants and employees, intended to confine, detain

and/or restrain Plaintiffs and/or acted with reckless disregard for Plaintiffs’ rights.

313. Plaintiffs were aware or conscious of the confinement, detention and/or restrain.

314. As a direct and proximate cause of Defendant’s actions, Plaintiffs were deprived of

their liberty and freedom and suffered substantial damages, including but not limited to physical injury, pain and suffering, emotional distress, embarrassment and personal humiliation, among other damages.


WHEREFORE, Plaintiffs demand judgment be entered against Defendant for compensatory damages, punitive damages, pre- and post-judgment interest, attorneys’ fees, costs, and such other relief as the Court deems just and proper.

Plaintiffs respectfully demand a jury trial on all issues so triable.

Respectfully submitted,

JUDICIAL WATCH, INC.

 

__________________________

Larry Klayman, Esq. 

Florida Bar No. 0246220

Edelberto Farrés, Esq.

Florida Bar No.: 0070793

100 SE 2nd Street, Suite 3920

Miami, Florida 33131             

Tel.: 305-349-2391

Fax.: 305-349-2393   

 

Attorneys for Plaintiffs