MEXICO CITY – Jan. 8, 2025 – A team from global law firm Greenberg Traurig, LLP’s Mexico City office, through its pro bono work, secured a victory in favor of a client seeking monetary compensation from the State for the temporary and unjustified deprivation of his liberty.
L.A.R. is a 70+-year-old man with hypertension and diabetic neuropathy controlled with medication. In 2014, L.A.R. was the victim of an automobile accident. He ended up before a civic judge demanding compensation for damages. The judge, with no apparent reason, referred him to the court's jail, where he remained isolated and without access to his medications. There is no record of this detention. L.A.R. initiated proceedings against the responsible officials, but the file was “lost” before resolution.
L.A.R. sought out the Greenberg Traurig team to obtain compensation for the physical and emotional damages suffered. The Greenberg Traurig team initiated a comprehensive strategy by filing a claim before the Human Rights Commission and a claim of patrimonial responsibility of the State for the irregular actions of the authorities. Through the Commission, Greenberg Traurig's attorneys obtained a psychological analysis that demonstrated the impact suffered by L.A.R. as a result of these actions and a confirmation that the authorities did violate his human rights. This decision was used to claim the State's patrimonial responsibility — in other words, that the State should compensate L.A.R.
After two years of litigation, a court has ordered the competent authorities to pay L.A.R. a compensation for moral damages. This is one of the few precedents that exists in this type of matter.
In these types of cases, there is usually no evidence of authorities’ activities, nor are there people willing to demand compensation. Hugo Hernández, associate of the Litigation Practice, said: “This case represented an important challenge, since we had few elements to face our burden of proof regarding the State’s responsibility for the damages caused to the mental and physical health of L.A.R., and we are proud to have obtained a positive decision for our client.”
Members of Greenberg Traurig's Mexico City pro bono team included in this matter were Partner Joselino Morales, Associates Hugo Hernández and Miguel Saiz, and law clerks Regina Cordova and Pamela Pérez. Partner Víctor Manuel Frías and Associate Daniela Reyes coordinate Greenberg's pro bono work in the Mexico City office.