Federal judge says FBI agents didn't use excessive force in Elian Gonzalez raid

[JURIST] US District Judge Michael Moore has ruled that federal agents who seized Elian Gonzalez [Wikipedia article] during a 2000 raid did not use excessive force by firing tear gas during the raid. In his opinion [PDF text], issued Friday, Moore said that a group of demonstrators and bystanders who were injured during the raid cannot collect damages from the federal government because they did not show sufficient evidence that officers' use of force when seizing Gonzalez was "unreasonable under the circumstances." Moore indicated that the 13 plaintiffs failed to prove their claims of assault and battery and intentional infliction of emotional distress. Justice Department attorneys argued during the January trial [JURIST report] that the tear-gassing of bystanders and demonstrators was an "unavoidable consequence" of the raid, which lead to Gonzalez' return to Cuba. AP has more. The Miami Herald has local coverage (free registration required).

 

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