With Carl Limbacher and NewsMax.com Staff

Friday September 1, 2000; 7:29 PM EDT

Judge Rules Against Reno, Holder and Meissner in Elian Lawsuit

A federal judge in Miami has denied a motion from lawyers for
Attorney General Janet Reno, Deputy Attorney General Eric Holder
and INS Commissioner Doris Meissner to halt discovery in the
civil rights lawsuit spurred by the government's April 22 seizure
of Cuban boat boy Elian Gonzalez.

The claim, filed by Judicial Watch in May, seeks damages in
excess of $100 million on behalf of more than 50 plaintiffs,
including Donato Dalrymple, who rescued Gonzalez from the ocean
ten months ago only to have to turn him over at gunpoint to
federal agents.

Family friends and neighbors from Gonzalez's Little Havana block
who say they were assaulted or otherwise harmed during the raid
have also joined the suit.

The defendants' motion to halt discovery was denied on Tuesday in
a tersely worded ruling by U.S.  District Court Judge Federico A.
Moreno:

"The court has considered the motion and the pertinent portions
of the record, and being otherwise fully advised in the premises,
it is adjudged that the motion is denied."

Dalrymple contends that his Fourth and Fifth Amendment rights
were violated when federal agents allegedly rampaged through the
Gonzalez house tear gassing and roughing up those inside.
Ultimately one agent pointed a machine gun at him and allegedly
shouted, "Give me the f - - king boy or I'll shoot."

The ruling means that Judicial Watch can begin gathering
documents and other evidence relevant to the case from the
Justice Department and INS.

"We can also begin deposing witnesses," Judicial Watch President
Tom Fitton told NewsMax.com late Friday, adding that Reno, Holder
and Meissner would be at the top of their witness list.

"This is a big step towards justice and a big victory for all
those heroes in Little Havana who were hurt by this raid," Fitton
said.  "Now it's full steam ahead."


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