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