‘Fisherman’ in Elian Case Sues Government

The man photographed holding Elian Gonzalez during the armed raid in which the Cuban boy was seized is suing federal government officials, saying his constitutional rights were violated.

The federal lawsuit filed Monday by Donato Dalrymple against Atty. Gen. Janet Reno, Deputy Atty. Gen. Eric H. Holder Jr. and Immigration and Naturalization Service Commissioner Doris Meissner seeks damages in excess of $100 million.

“The complaint alleges unnecessary and excessive physical force,” said Tom Fitton, president of Judicial Watch, a conservative group that is providing legal representation for Dalrymple.

Dalrymple--who with his cousin rescued Elian from the water on Thanksgiving--claims his 4th Amendment right against unreasonable search and seizure was violated when agents broke into the Little Havana home where Elian had been staying with relatives.

“I’m here to stand up for family, law and liberty, for Elian Gonzalez, the American people, for the Cuban American community,” Dalrymple, 40, told reporters at the courthouse.

Dalrymple had attached himself to the Miami relatives as the custody battle erupted and played a high-profile role in their fight.

Usually known as “the fisherman,” although he is actually a house cleaner, he has proclaimed himself Elian’s savior.

The suit also claims that Reno, Holder and Meissner violated his 5th Amendment due process rights.

Department of Justice spokeswoman Carole Florman said her agency would review the lawsuit and respond appropriately in court.

In addition, the attorneys filed another lawsuit on behalf of Michael Stafford, a protester who claims he was beaten and tear-gassed during the raid. Stafford is also seeking damages in excess of $100 million.

Elian Gonzalez has been staying with his father and family at an estate in Maryland since their reunion, awaiting a decision by a U.S. appeals court in Atlanta on his great-uncle Lazaro Gonzalez’s claim that he should be granted a political asylum hearing.