May 23, 2000

5:42 PM

Man who helped save Elian says raid violated civil rights, sues for $100M.The title says it all...crazy. I wonder if Elian's father could sue the extended family for kidnapping Elian and holding him hostage?
posted by mathowie (9 comments total)

It's a sick, sad world we live in...
posted by deckard at 5:54 PM on May 23, 2000

Didn'tcha just know they'd find some way to cash in?

"This is our civil rights," said Dalrymple, one of two men who rescued Elian from the sea on Thanksgiving Day. "I'm bringing this lawsuit for freedom and liberty.''

Sweet. Thanks. We all appreciate it.
posted by sylloge at 6:12 PM on May 23, 2000

it is truly amazing, hasn't the fisherman got enough of his 15 minutes of fame? This shows you if you are a lawyer look hard enough you can sue for anything? Why only 100 million, it really should be 500 billion if his civil rights were sooo vilated.
(Hey Mr. Fisherman, HOLDING A CHILD HOSTAGE FOR 4 MONTHS, THAT'S NOT A VILOATION OF ELIAN & HIS FATHER'S CIVIAL RIGHTS????)
posted by Max's Daddy at 6:16 PM on May 23, 2000

*cough*
and people wonder why our government is so broke
posted by starduck at 7:19 PM on May 23, 2000

Can anyone explain to me why he would even try to sue? He's going to lose, how can he win. Although, I suppose if the trial is held in Miami and you get enough people on your side then anything is possible.
posted by jay at 7:21 PM on May 23, 2000

The lawsuit is a bit shaky - read the complaint for yourself at Judicial Watch, the legal organization representing the Plaintiff. In a nutshell, Federal government officials can be sued for intentional and flargrant violations of an individual's constitutional rights. If, as alleged in paragraphs 26-30, the INS knowingly filed false affadavits to obtain the arrest warrant (just why the hell was Elian ARRESTED, anyway?) they've probably met that test. However, I suspect that the proper plaintiff for the Fourth Amendment claim is not Darymple, but the Gonzalez family, since it was their home. Darymple has no Fourth Amendment protection in someone else's home.
Essentially, he's in this lawsuit becuase Larry Klayman (head of Judicial Watch) persuaded him to sign on to it, and Larry Klayman is leading the charge because he hates Clinton.

As far as the kidnapping/hostage claims mentioned above, those would lose as well, since custody of Elian was originally conferred by the INS, and the revocation of custody was legally suspect. I think the best shot his father might have is a false imprisonment claim on Elian's behalf, and I doubt this case would meet the requirements for such a claim.
posted by mikewas at 7:47 PM on May 23, 2000

"The first thing we do, is kill all the lawyers."
posted by holgate at 4:10 AM on May 24, 2000

Judicial Watch is pursuing a political agenda. They probably don't care if he wins, they're just making a point. (Mr. Dalrymple may want to consider that scenario a moment ... but he's probably still too wrapped up in the rhetoric to realize how he's being played for a pawn as much as Elian was. Or is.).
posted by dhartung at 6:55 AM on May 24, 2000

...said Dalrymple, one of two men who rescued Elian from the sea on Thanksgiving Day. "I'm bringing this lawsuit for freedom and liberty.''

I believe the Miami Herald cut Dalrymple's quote short it should read "I'm bringing this lawsuit for freedom and liberty and a piece of that $100 million."

posted by darainwa at 8:49 AM on May 24, 2000