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Judge throws out suit in Elian raid

Associated Press
Published August 26, 2004

MIAMI - A federal judge threw out a lawsuit claiming six federal agents used excessive force in an armed raid to seize Elian Gonzalez at the home of his Miami relatives four years ago.

The order issued Monday by U.S. District Judge Marcia Cooke concluded the agents conducting the raid were legally immune to the lawsuit, and she found no constitutional violations.

"We're pleased with the judge's decision," said Charles Miller, a Washington spokesman with the Department of Justice.

"We are shocked and disappointed by the court's decision," said Tom Fitton, president of Judicial Watch, in a statement Wednesday. The group sued on behalf of Elian's cousin, great-uncle and his wife. The lawsuit claimed the raid team broke down the front door, sprayed irritating gas and held people at gunpoint in April 2000.

Elian, now 10, was returned to Cuba with his father after the raid.

The lawsuit was the sixth filed over the raid.

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