U.S. District Judge Michael Moore set the trial date Friday.

"I think the public's going to be surprised that elderly people were gassed while praying the rosary," said Tom Fitton, president of Judicial Watch, which represents 11 of the plaintiffs.

The federal government's attorney did not return a message seeking comment Friday.

Elian was one of three survivors of a November 1999 shipwreck that killed his mother and others fleeing Cuba. He was turned over to his Miami relatives while his custody situation was resolved.

The raid took place after government officials said the family refused to return the boy so he could be taken back to his father in Cuba.

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