United States Eleventh Circuit

Dismissal for lack of subject matter jurisdiction of claims of bystanders allegedly injured during INS agents use of force during execution of search warrants to remove Elian Gonzalez from his great-uncle's home, and dismissal of claims of others where agents' actions were objectively reasonable, are affirmed over claims that the court erred in dismissing: 1) for lack of subject matter jurisdiction as the technical deficiency on forms submitted did not preclude the court from hearing the case; and 2) where use of tear gas during search was not objectively reasonable as it violated INS policies and procedures.

Appellate Information

• Decided 08/16/2006
• Published 08/16/2006

Judges

• DUBINA, Circuit Judge:, Before DUBINA and KRAVITCH, Circuit Judges, and MILLS, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Paul J. Orfanedes, Dale L. Wilcox, Meredith L. Di Liberto, Judicial Watch, Inc., Washington, DC, for Plaintiffs-Appellants.


• For Appellees:
  
• Michael S. Raab, Barbara L. Herwig, Mark R. Freeman, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for Defendant-Appellee.