U.S. wants Elian's relatives' suit dismissed

August 9, 2001

MIAMI, Florida (AP) -- The U.S. Justice Department has asked a federal appeals court to dismiss an excessive force lawsuit filed by Elian Gonzalez's Miami relatives against former Attorney General Janet Reno and other federal officials.

The relatives contend the former officials violated their constitutional rights by ordering the armed pre-dawn raid to seize Elian from their Miami home in April 2000. Law enforcement officials said their actions were justified because they were told ammunition had been stockpiled at a neighbor's house in case of a raid.

In documents filed Tuesday, the department asked the 11th U.S. Circuit Court of Appeals to overrule a lower court and throw out the suit filed against Reno, former Immigration and Naturalization Service Commissioner Doris Meissner and former Deputy Attorney General Eric Holder.

Elian, now 7, reached the United States in November 1999 after his mother drowned in a boat crossing from Cuba. His Miami relatives sought to keep him, but federal agents seized him during the raid. He and his father returned to Cuba two months later after courts repeatedly ruled that the father should have custody of Elian. The Associated Press.

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