IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

CASE NO. 00-01773-CIV-MORENO

_____________________________________

DONATO DALRYMPLE

AND

GREGORY PAUL ALLEN,
LESLIE ALVAREZ,
GUILLERMO ARCE,
JOEL BELTRAN,
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,
NORMA DOMINGUEZ,
EVA ESPINOSA,
TRIBURCIO ESTUPINAN,
LENIA FERNANDEZ,
JOSE ANTONIO FREIJO,
JOSE I. GARCIA,
LEDIA BETANCOURT GARCIA,
ROSA GARCIA,
RUBEN GARCIA,
CARLOS ALBERTO GONZALEZ,
JOSE A. GONZALEZ,
JOSEFA R. GONZALEZ,
ESTRELVA G. GUEVARA, PABLO HERNANDEZ, MARTHA TERESITA LARA,
MARTHA LORENZO,
TROADIO MESA,
MARIO MIRANDA,
JORGE A. MORALES,
ZAIDA NUNEZ,
ROBERTO ORAMA,
ANNA TERESA ORTEGA,
ANTONIO FLORENTINO ORTEGA,
MIRIAM PALACIO,
OTONIEL RAMOS,
MARIA A. RIVERON,
PEDRO RIVERON,
MARIA E. RODRIGUEZ,
MICHAEL STAFFORD,
DIEGO TINTORERO,
ALEXEI TORRES,
CARMEN VALDÉS,
DIVALDO VALDÉS,
MIRIAM A. ZALDIVAR,
and CARLOS R. ZAYAS,

   Plaintiffs,

   vs.

JANET RENO, in her personal capacity,
DORIS MEISSNER, in her personal capacity,
and ERIC HOLDER, in his personal capacity,

   Defendants.
_____________________________________

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AMENDED COMPLAINT

Plaintiffs, Donato Dalrymple, and Gregory Paul Allen, Leslie Alvarez, Guillermo Arce, Joel Beltran, 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, Norma Dominguez, Eva Espinosa, Lenia Fernandez, Triburcio Estupinan, Jose Antonio Ferijo, Jose I. Garcia, Ledia Betancourt Garcia, Rosa Garcia, Ruben Garcia, Carlos Alberto Gonzalez, Jose A. Gonzalez, Josefa R. Gonzalez, Estelva G. Guevara, Pablo Hernandez, Martha Teresita Lara, Martha Lorenzo, Troadio Mesa, Mario Miranda, Jorge A. Morales, Zaida Nunez, Roberto Orama, Anna Teresa Ortega, Antonio Florentino Ortega, Miriam Palacio, Otoniel Ramos, Maria A. Riveron, Pedro Riveron, Maria E. Rodriguez, Michael Stafford, Diego Tintorero, Alexei Torres, Carmen Valdés, Divaldo Valdés, Miriam A. Zaldivar, and Carlos R. Zayas, by counsel, hereby sue Attorney General Janet Reno, Immigration and Naturalization Service Commissioner Doris Meissner and Deputy Attorney General Eric Holder, in their personal capacities, for violating their constitutional rights while acting under color of federal law. As grounds therefor, Plaintiffs allege as follows:

INTRODUCTION

1. This is an action for violation of the First, Fourth and Fifth Amendments to the United States Constitution.

PARTIES

2. Plaintiff Donato Dalrymple is a citizen of the state of Florida and resides at 3408 Rose Hill Way, Lauderhill, Florida, 33319.

3. Plaintiff Gregory Paul Allen is a citizen of the State of Florida and resides at 4143 North Ocean Blvd., Fort Lauderdale, Florida, 33308.

4. Plaintiff Guillermo Arce is a citizen of the State of Florida and resides at 121 NW 24^th Court, Miami, Florida 33125.

5. Plaintiff Leslie Alvarez is a citizen of the state of Florida and resides at 6362 SW. 138^th Path, Miami, Florida 33183.

6. Plaintiff Joel Beltran is a citizen of the state of Florida and resides at 3620 NW 4^th Street, Miami, Florida 33125.

7. Plaintiff Concepcion Maria Cabral is a citizen of the state of Florida and resides at 1401 NW 34^th Avenue, Miami, Florida 33125.

8. Plaintiff Francia De La Concepcion Cabral is a citizen of the state of Florida and resides at 1401 NW 34^th Avenue, Miami, Florida 33125.

9. Plaintiff Maria Cancio is a citizen of the state of Florida and resides at 19117 NW 47^th Avenue, Miami, Florida 33055.

10. Plaintiff Nancy Canizares is a citizen of the state of Florida and resides at 6915 W 14^th Court, Hialeah, Florida 33014.

11. Plaintiff Arturo Castellanos is a citizen of the state of Florida and resides at 10500 NW 35^th Court, Miami, Florida 33147.

12. Plaintiff Blanca Nieves Chils is a citizen of the state of Florida and resides at 2377 SW 2^nd Street, Miami, Florida 33125.

13. Plaintiff Juan Francisco Chils is a citizen of the state of Florida and resides at 2377 SW 2^nd Street, Miami, Florida 33125.

14. Plaintiff Sandra Cobas is a citizen of Florida and resides at 9241 SW 11^th Street, Miami, Florida 33174.

15. Plaintiff Milagros Cruz is a citizen of the state of Florida and resides at 536 SW 4^th Street, Apartment #6, Miami, Florida 33130.

16. Plaintiff Cosme Damian Diago is a citizen of the state of Florida and resides at 2313 NW 2^nd Street, #3, Miami, Florida 33125.

17. Plaintiff Indail Diago is a citizen of the state of Florida and resides at 2313 NW 2^nd Street, #3, Miami, Florida 33125.

18. Plaintiff Ramon Diago is a citizen of the state of Florida and resides at 2313 NW 2^nd Street, #3, Miami, Florida 33125.

19. Plaintiff Norma Dominguez is a citizen of the state of Florida and resides at 2313 NW 2^nd Street, Apartment #4, Miami, Florida 33125.

20. Plaintiff Eva Espinosa is a citizen of the state of Florida and resides at 301 W 17^th Street, Hialeah, Florida 33010.

21. Plaintiff Triburcio Estupinan is a citizen of the state of Florida and resides at 330 5^th Avenue, Apartment #3, Miami, Florida 33130.

22. Plaintiff Lenia Fernandez is a citizen of the state of Florida and resides at 2365 SW 11^th Street, Miami, Florida 33135.

23. Plaintiff Jose Antonio Freijo is a citizen of the state of Florida and resides at 430 SW. 6^th Avenue, #6, Miami, Florida 33125.

24. Plaintiff Jose I. Garcia is a citizen of the state of Florida and resides at 1590 W 2^nd Avenue, Hialeah, Florida 33010.

25. Plaintiff Ledia Betancourt Garcia is a citizen of the state of Florida and resides at 342 E 20^th Street, Hialeah, Florida 33010.

26. Plaintiff Rosa Garcia is a citizen of the state of Florida and resides at 1590 W 2^nd Avenue, Hialeah, Florida 33010

27. Plaintiff Ruben Garcia is a citizen of the state of Florida and resides at 675 East 23^rd Street, Hialeah, Florida 33013.

28. Plaintiff Carlos Alberto Gonzalez is a citizen of the state of Florida and resides at 3320 SW. 27^th Street, Miami, Florida 33133.

29. Plaintiff Jose A. Gonzalez is a citizen of the state of Florida and resides at 10330 SW. 37^th Ter., Miami, Florida 33165.

30. Plaintiff Josefa R. Gonzalez is a citizen of the state of Florida and resides at 10330 SW. 37^th Ter., Miami, Florida 33165.

31. Plaintiff Estrelva G. Guevara is a citizen of the state of Florida and resides at 45 NW 24^th Court, Miami, Florida 33125.

32. Plaintiff Pablo Hernandez is a citizen of the state of Florida and resides at 5445 Collins Avenue, Townhouse #4, Miami Beach, Florida 33140.

33. Plaintiff Martha Teresita Lara is a citizen of then state of Florida and resides at14501 S.W. 160^th Ter., Miami, Florida 33177.

34. Plaintiff Martha Lorenzo is a citizen of the state of Florida and resides at 325 Fernwood Road, #9, Key Biscayne, Florida 33149.

35. Plaintiff Mario Miranda is a citizen of the state of Florida and resides at 2862 SW 36^th Court, Miami, Florida 33134

36. Plaintiff Troadio Mesa is a citizen of the state of Florida and resides at 6175 W 20^th Avenue, #H307, Hialeah, Florida 33012.

37. Plaintiff Jorge A. Morales is a citizen of the state of Florida and resides at 4025 SW. 7^th Street, Miami, Florida 33134.

38. Plaintiff Zaida Nunez is a citizen of the state of Florida and resides at 5700 SW 108^th Court, Miami, Florida 33173.

39. Plaintiff Roberto Orama is a citizen of the state of Florida and resides at 2638 Washington Street, Hollywood, Florida 33020.

40. Plaintiff Anna Teresa Ortega is a citizen of the state of Florida and resides at 2315 SW 31^st Avenue, Miami, Florida 33145.

41. Plaintiff Antonio Florentino Ortega is a citizen of the state of Florida and resides at 2313 NW 2^nd Street, #2, Miami, Florida 33125.

42. Plaintiff Miriam Palacio is a citizen of the state of Florida and resides at 2515 NW 32^nd Street, Miami, Florida 33142.

43. Plaintiff Maria A. Riveron is a citizen of the state of Florida and resides at 2235 NW 2^nd Street, Miami, Florida 33125.

44. Plaintiff Pedro Riveron is a citizen of the state of Florida and resides at 2232 NW 2^nd Street, Miami, Florida 33125.

45. Plaintiff Otoniel Ramos is a citizen of the state of Florida and resides at 6362 SW. 138^th Path, Miami, Florida 33183.

46. Plaintiff Maria E. Rodriguez is a citizen of the state of Florida and resides at 2314 N.W. 2^nd Street, Miami, Florida 33125.

47. Plaintiff Michael Stafford is a citizen of the state of Florida and resides at resides at 5649 Grant Street, Hollywood, Florida, 33021.

48. Plaintiff Diego Tintorero is a citizen of the state of Florida and resides at 17500 NW 52^nd Avenue, Miami, Florida 33055.

49. Plaintiff Alexei Torres is a citizen of the state of Florida and resides at 2336 NW 2^nd Street, Miami, Florida 33125.

50. Plaintiff Carmen Valdés is a citizen of the state of Florida and resides at 7940 NW 176^th Street, Hialeah, Florida 33015

51. Plaintiff Divaldo Valdés is a citizen of the state of Florida and resides at 7940 NW 176^th Street, Hialeah, Florida 33015.

52. Plaintiff Miriam A. Zaldivar is a citizen of the state of Florida and resides at 1879 SW 16^th Street, Miami, Florida 33145.

53. Plaintiff Carlos R. Zayas is a citizen of the state of Florida and resides at 1705 NW 32^nd Avenue, Miami, Florida 33125.

54. Defendant Janet Reno is a citizen of the State of Florida and currently resides at 425 8th Street, NW, Washington, D.C., 20004. Defendant Reno is Attorney General of the United States. She is being sued in her personal capacity.

55. Defendant Doris Meissner is a citizen of the State of Maryland and resides at 4619 Derussey Parkway, Chevy Chase, Maryland, 20815. Defendant Meissner is Commissioner of the Immigration and Naturalization Service ("INS"). She is being sued in her personal capacity.

56. Defendant Eric Holder is a citizen of the District of Columbia and resides at 4246 50th Street, N.W., Washington, D.C., 20016. Defendant Holder is Deputy Attorney General of the United States. He is being sued in his personal capacity.

JURISDICTION AND VENUE

57. The Court has jurisdiction over this action under 28 U.S.C. � 1331, as this action arises under the Constitution of the United States.

58. Venue is proper under 28 U.S.C. �1391(b), as a substantial part of the events and omissions giving rise to Plaintiffs' claims occurred in this judicial district.

FACTS

59. 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.

60. 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.

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

62. On January 5, 2000, INS Commissioner 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.

63. 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.

64. 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.

65. On January 12, 2000, Attorney General Reno upheld Meissner's decision refusing to consider Elian's petition for asylum.

66. 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").

67. 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.

68. 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.

69. 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.

70. 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.

71. 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.

72. 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."

73. 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.

74. Moreover, at no point did the INS or Reno, Meissner and/or Holder secure a judicial order compelling Lazaro Gonzalez to turn Elian over to the INS and/or his natural father.

75. 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 shoud have been aware of and knowledgeable about the Eleventh Circuit's injunction.

76. 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.

77. 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.

78. 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.

79. 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.

80. 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.

81. 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.

82. 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.

83. 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.

84. 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.

85. 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).

86. 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.

87. 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.

88. 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.

89. 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.

90. 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.

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

92. 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's home and neighborhood, which they were jointly planning.

93. 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's 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.

94. 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.

95. 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.

96. 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.

97. 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.

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

99. 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.

100. 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.

101. 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.

102. 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.

103. 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.

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

105. At approximately 5:05 a.m., two of the lawyers for Lazaro Gonzalez' 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.

106. 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.

107. 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.

108. 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 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.

109. 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.

110. 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.

111. 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 3^rd 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 in lawn chairs, representatives of an organization known as "Mothers Against Repression," were saying the Rosary in the Gonzalez' family's front yard.

112. 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.

113. 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.

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

115. 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.

116. 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.

117. 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.

118. "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?"

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

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

121. "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.

122. 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.

123. 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.

124. "In took his head and buried it into my shoulder . . . There was nowhere to go," Plaintiff Dalrymple later recalled.

125. "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.

126. 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.

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

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

129. Elian screamed for Marisleysis. "Prima Mari! Prima Mari!," Elian yelled. "Cousin Mari! Cousin Mari!"

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

131. Tony Zumbado, an NBC cameraman inside the Gonzalez family's 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; the said every bad word in the book and kept me from doing my job," Zumbado has stated. "I was left winded and in pain."

132. Meanwhile, outside the Gonzalez family's home, Plaintiff Gregory Paul Allen had been 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.

133. 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's home, behind the barricade. Plaintiff tried to move closer to the Gonzales family's home, but was again sprayed with gas by federal agents.

134. 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's 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.

135. Plaintiff Joel Beltran also was among the supporters assembled peacefully behind the barricade, on the front patio of a house neighboring the Gonzalez family's home. When Plaintiff saw a convoy of vehicles approaching the Gonzalez family's 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.

136. 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's 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.

137. 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's 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.

138. 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's 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.

139. Plaintiff Nancy Canizares, who is disabled, had assembled peacefully with at least two other persons in front of the house located at 2322 SW 3^rd Street, directly the Gonzalez family's 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.

140. 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 2^nd Street in order to seek safety and relief from the effects of the gas attack.

141. 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 2^nd Street in order to get towels and water. He returned to the area near barricade and attempted to help other persons overcome by the gas.

142. 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.

143. 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.

144. Plaintiff Cosme Damian Diago was sleeping in his apartment, located in a building directly to the east of the Gonzalez family's 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.

145. Plaintiff Idail Diago was sleeping in his apartment, located in a building directly to the east of the Gonzalez family's 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.

146. Plaintiff Ramon Diago was outside his apartment building, located directly to the east of the Gonzalez family's 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.

147. Plaintiff Norma Dominguez was outside her apartment building, located directly to the east of the Gonzalez family's 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 for relief from the effects of the gas attack.

148. 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 moved 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 for relief from the effects of the gas attack.

149. 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's 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 for relief from the gas attack.

150. 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 her face with gas.

151. 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's 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.

152. 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 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.

153. 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.

154. 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.

155. 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's home, behind the barricade. Plaintiff approached the barricade, but was sprayed with gas by a federal agent.

156. 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's 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.

157. 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's home, but was grabbed by federal agents and knocked to the ground. Federal agents then sprayed Plaintiff sprayed with gas at least one more time.

158. 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.

159. 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 force to leave the area in order to seek safety and relief from the effects of the gas attack.

160. 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.

161. 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's home, behind the barricade. Plaintiff tried to move closer to the Gonzalez family's 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.

162. 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's 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.

163. 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's home, behind the barricade. Plaintiff tried to move closer to the Gonzalez family's 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's 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.

164. 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's home. When the raid began, Plaintiff was inside the front yard of the Gonzalez family's 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 gas sprayed 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.

165. 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's 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.

166. 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's 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.

167. 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.

168. 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's 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.

169. 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.

170. 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's 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.

171. 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's home, behind the barricade. Plaintiff tried to move closer to the Gonzalez family's 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."

172. 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's 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.

173. 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.

174. Plaintiff Maria E. Rodriguez was sleeping in her house, located directly across the street from the Gonzalez family's home, when the raid began. Plaintiff was awakened 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.

175. 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.

176. 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.

177. Plaintiff Alexei Torres was among the supporters assembled peacefully behind the barricade when federal agents doused him and other supporters with gas. 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.

178. 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.

179. 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.

180. 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's 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.

181. 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's home, but was stopped by a federal agent who sprayed him in the face with gas.

182. 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.

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

184. 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."

185. 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.

186. As a proximate result of the raid, Plaintiff 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 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 continues to suffer from a rash on his hands and skin, among other ailments.

(b) 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.

(c) 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 continues to suffer from sleeplessness, eye irritation and back pain, among other ailments.

(d) 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.

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

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

(g) Plaintiff Maria Cancio suffered eye, nose, throat and skin irritation and burning, coughing, choking and difficulty breathing, as well as nausea and stomach cramps, among other ailments. Plaintiff continues to suffer from a persistent cough, chest tightness, headaches, anxiety and sleeplessness, among other ailments.

(h) 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 continues to suffer from watery and irritated eyes, headaches, sleeplessness, anxiety and emotional stress, among other ailments.

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

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

(k) 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 continues to suffer from headaches, anxiety, throat irritation, and sleeplessness, among other ailments.

(l) 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 continues to suffer from headaches, anxiety, throat irritation, and sleeplessness, among other ailments.

(m) 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 continues to suffer from headaches, sleeplessness, neck, back and stomach pains, anxiety and emotional stress, among other ailments.

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

(o) 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 continues to suffer from watery and irritated eyes, headaches, sleeplessness, anxiety and emotional stress, among other ailments.

(p) 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 continues to suffer from difficulty breathing, headaches, sharp back pain, sleeplessness and anxiety, among other ailments.

(q) 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 continues to suffer from eye, nose and throat irritation, coughing, headaches, backaches, chronic fatigue, sleeplessness and anxiety, among other ailments.

(r) 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 continues to suffer from eye irritation, chronic fatigue, severe headaches, nausea, dizziness, anxiety, sleeplessness and back pain, among other ailments.

(s) 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 continues to suffer from difficulty breathing, headaches, sharp back pain, sleeplessness and anxiety, among other ailments.

(t) 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 continues to suffer from eye, nose and throat irritation, coughing, headaches, backaches, chronic fatigue, sleeplessness and anxiety, among other ailments.

(u) 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 continues to suffer from throat irritation, sleeplessness and anxiety.

(v) 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 continues to suffer from back pain and anxiety, among other ailments.

(w) 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 continues to suffer from difficulty breathing, back pain and anxiety, among other ailments.

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

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

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

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

(bb) 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.

(cc) 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 continues to suffer from difficulty breathing, sleeplessness, headaches, skin rash on the neck and face, emotional distress and anxiety, among other ailments.

(dd) 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.

(ee) 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 continued to suffer from persistent cough and a burning sensation in his stomach and throat

(ff) 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 continues to suffer from throat and skin irritation, headaches, stomach pain, sleeplessness and anxiety, among other ailments.

(gg) 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 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.

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

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

(jj) 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 continues to suffer from headaches, back and hip pain and sleeplessness, among other ailments.

(kk) 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 continues to suffer from eye irritation, difficulty breathing, burning and swollen skin, rapid heart beat, anxiety and emotional distress, among other ailments.

(ll) 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 continues to suffer from back pain, eye, nose and throat irritation, among other ailments.

(mm) 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 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.

(nn) Plaintiff Antonio Florentino Ortega suffered eye, nose and throat irritation, watery eyes, throat constrictions, burning and coughing, nausea, among other ailments. Plaintiff 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.

(oo) 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 continues to suffer from eye irritation, difficulty breathing, sleeplessness, headaches, emotional distress and anxiety, among other ailments.

(pp) 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 continues to suffer from eye irritation, difficulty breathing, burning and swollen skin, rapid heart beat, anxiety and emotional distress, among other ailments.

(qq) 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 continues to suffer from eye irritation, difficulty breathing, sleeplessness, headaches, neck and back pain, emotional distress and anxiety, among other ailments.

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

(ss) 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 continues to suffer from headaches, nausea, heart palpitations, sleeplessness and anxiety, among other ailments.

(tt) 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 continues to suffer from headaches, nausea, heart palpitations, sleeplessness and anxiety, among other ailments.

(uu) 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 continues to suffer from eye irritation, difficulty breathing, rapid heart beat, burning and swollen skin, emotional distress and anxiety, among other ailments.

(vv) 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 continues to suffer from eye, sinus, skin and throat irritation, difficulty breathing, back pain, anxiety and sleeplessness, among other ailments.

(ww) 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 federal gas attack. Plaintiff continues to suffer from eye, nose and throat irritation, difficulty breathing, nausea, sleeplessness, headaches, and anxiety, among other ailments.

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

(yy) 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 continues to suffer from eye irritation, chronic fatigue, difficulty breathing, sleeplessness, headaches, emotional distress and anxiety, among other ailments.

(zz) 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 continues to suffer from eye irritation, difficulty breathing, sleeplessness, vomiting, burning and swollen skin, emotional distress and anxiety, among other ailments.

COUNT I

(First Amendment Violations)

187. Plaintiffs reallege paragraphs 1 through 186 as if fully set forth herein.

188. Plaintiffs enjoy the rights of freedom of expression and freedom of assembly, as guaranteed by the First Amendment to the United States Constitution.

189. Defendants, acting under color of federal authority, personally directed and caused a raid on the Gonzalez family's home and neighborhood, and/or had actual knowledge of, agreed to, approved of and/or acquiesced in a raid conducted in such a manner as to violate Plaintiffs' First Amendment rights.

190. The actions of the federal agents, under the personal direction of Defendants, and/or with the knowledge, agreement, approval and/or acquiescence of Defendants, directly and foreseeably resulted in the unlawful and unreasonable violation of Plaintiffs' First Amendment rights.

191. Defendants acted maliciously, willfully, and knowingly, and with specific intent to deprive Plaintiffs of their constitutional rights, and/or with deliberate indifference to Plaintiffs' constitutional rights.

192. As a direct and proximate result of the violation of their constitutional rights, Plaintiffs suffered substantial damages.

WHEREFORE, Plaintiffs Gregory Paul Allen; Leslie Alvarez; Guillermo Arce; Joel Beltran; Concepcion Maria Cabral; Francia De La Concepcion Cabral; Nancy Canizares; Blanca Nieves Chils; Juan Francisco Chils; Sandra Cobas; Milagros Cruz; Eva Espinosa; Triburcio Estupinan; Lenia Fernandez; Jose Antonio Freijo; Jose I. Garcia; Ledia Betancourt Garcia; Rosa Garcia; Ruben Garcia; Carlos Alberto Gonzalez; Jose A. Gonzalez; Josefa R. Gonzalez; Estrelva G. Guevara; Pablo Hernandez; Martha Teresita Lara; Martha Lorenzo; Troadio Mesa; Mario Miranda; Jorge A. Morales; Zaida Nunez; Roberto Orama; Anna Teresa Ortega; Miriam Palacio; Ontoniel Ramos; Maria A. Riveron; Michael Stafford; Alexei Torres; Carmen Valdes; Divaldo Valdes; Miriam A. Zaldivar; and Carlos R. Zayas demand judgment be entered against Defendants, jointly and severally, including an award of compensatory damages, punitive damages, reasonable attorneys fees, pre-judgment interest, post-judgment interest, costs in excess of $100,000,000.00, and such other relief as the Court deems just and proper.

COUNT II

(Fourth Amendment Violations)

193. Plaintiffs reallege paragraphs 1 through 192 as if fully set forth herein.

194. Plaintiffs enjoy the right to be absolutely free from unreasonable searches and seizures, including but not limited to seizures of their person, as guaranteed by the Fourth Amendment to the United States Constitution.

195. Defendants, acting under color of federal authority, personally directed and authorized the paramilitary raid on the Gonzalez' home and neighborhood, and/or had actual knowledge of and acquiesced in the raid, in a manner that imposed substantial and complete restrictions on Plaintiffs' liberty of movement and otherwise resulted in Plaintiffs being restrained by use of physical force and show of authority, without probable cause or other legal justification.

196. These actions by federal agents, under the personal direction of Defendants, and/or with the knowledge and acquiescence of Defendants, directly and foreseeably resulted in the unlawful and unreasonable seizure of Plaintiffs' persons, among other violations of the Fourth Amendment.

197. Defendants acted maliciously, willfully, and knowingly, and with specific intent to deprive Plaintiffs of their constitutional rights, or with deliberate indifference to Plaintiffs' constitutional rights.

198. As a direct and proximate result of the violation of Plaintiffs' constitutional rights, Plaintiffs suffered substantial damages.

WHEREFORE, Plaintiffs Gregory Paul Allen; Guillermo Arce; Joel Beltran; Francia De La Concepcion Cabral; Nancy Canizares; Donato Dalrymple; Eva Espinosa; Triburcio Estupinan; Lenia Fernandez; Jose Antonio Friejo; Jose I. Garcia; Ledia Betancourt Garcia; Rosa Garcia; Carlos Alberto Gonzalez; Jose A. Gonzalez; Martha Teresita Lara; Troadio Mesa; Mario Miranda; Jorge A. Morales; Anna Teresa Ortega; Antonio Florentino Ortega; Ontoniel Ramos; Maria E. Rodriguez; Michael Stafford; and Carlos R. Zayas demand judgment be entered against Defendants, jointly and severally, including an award of compensatory damages, punitive damages, reasonable attorneys fees, pre-judgment interest, post-judgment interest, costs in excess of $100,000,000.00, and such other relief as the Court deems just and proper.

COUNT III

(Fifth Amendment Violations)

199. Plaintiffs reallege paragraphs 1 through 198 as if fully set forth herein.

200. Plaintiffs enjoy a liberty interest in their personal security and in being free from the government's use of unnecessary and excessive physical force against their persons, without due process of law, as guaranteed by the Fifth Amendment to the U.S. Constitution.

201. Defendants, acting under color of federal authority, personally directed and caused a paramilitary raid on the Gonzalez family's home and neighborhood, and/or had actual knowledge of, agreed to, approved of and/or acquiesced in the raid, which was undertaken in a manner that violated Plaintiffs' liberty and personal security, and which employed unnecessary and excessive physical force against Plaintiffs.

202. The amount of force that Defendants caused to be unleashed against Plaintiffs was so unreasonable and excessive under the circumstances that it offends traditional cannons of decency and fairness afforded even those charged with the most heinous offenses. Defendants' conduct would not have been justified even if it had been accompanied by the most stringent of procedural safeguards.

203. The actions of the federal agents, under the personal direction of Defendants, and/or with the knowledge, agreement, approval and/or acquiescence of Defendants, directly and foreseeably resulted in the deprivation of Plaintiffs' liberty without due process of law, in violation of the Fifth Amendment.

204. Defendants acted maliciously, willfully, and knowingly, and with specific intent to deprive Plaintiffs of their constitutional rights, and/or with deliberate indifference to Plaintiffs' constitutional rights.

205. As a direct and proximate result of Defendants' violation of Plaintiffs' constitutional rights, Plaintiffs suffered substantial damages.

WHEREFORE, Plaintiffs Gregory Paul Allen; Leslie Alvarez; Guillermo Arce; Joel Beltran; Concepcion Maria Cabral; Francia De La Concepcion Cabral; Nancy Canizares; Blanca Nieves Chils; Juan Francisco Chils; Sandra Cobas; Milagros Cruz; Donato Dalrymple; Cosme Damian Diago; Idail Diago; Ramon Diago; Norma Dominguez; Eva Esponosa; Triburcio Estupinan; Lenia Fernandez; Jose Antonio Friejo; Jose I. Garcia; Ledia Betancourt Garcia; Rosa Garcia; Ruben Garcia; Carlos Alberto Gonzalez; Jose A. Gonzalez; Josefa R. Gonzalez; Estrelva G. Guevara; Pablo Hernandez; Martha Teresita Lara; Martha Lorenzo; Troadio Mesa; Mario Miranda; Jorge A. Morales; Zaida Nunez; Roberto Orama; Anna Teresa Ortega; Antonio Florentino Ortega; Miriam Palacio; Ontoniel Ramos; Maria A. Riveron; Pedro Riveron; Maria E. Rodriguez; Michael Stafford; Diego Tintorero; Alexei Torres; Carmen Valdes; Divaldo Valdes; Miriam A. Zaldivar; and Carlos R. Zayas demands judgment be entered against Defendants, jointly and severally, including an award of compensatory damages, punitive damages, reasonable attorneys fees, pre-judgment interest, post-judgment interest, costs in excess of $100,000,000.00, 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

Paul J. Orfanedes, Esq.

(Not a Member of the Florida Bar)

Suite 725

501 School Street, S.W.

Washington, DC 20024

Tel.: (202) 646-5172

Fax.: (202) 646-5199

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I certify that on July 19, 2000 a true and correct copy of the foregoing AMENDED COMPLAINT was served, via first class U.S. mail, postage prepaid, on the following:

Nina S. Pelletier

Trial Attorney

U.S. DEPARTMENT OF JUSTICE

Torts Branch/Civil Division

P.O. Box 7146

Washington, DC 20044-7146

_________________________

Paul J. Orfanedes