Mamani v. Sanchez Berzain, No. 14-15128 (11th Cir. 2016)Annotate this Case
Plaintiffs, heirs to eight civilians killed in 2003 by Bolivian troops, filed suit under the Torture Victim Protection Act (TVPA), 28 U.S.C. 1350, seeking damages and fees. In this case, plaintiffs have exhausted all of their available Bolivian remedies. They received some compensation through those remedies but not nearly as much as they claim is necessary to fully compensate them for their losses. Defendants sought certification for an interlocutory appeal on two issues: (1) whether the exhaustion requirement in section 2(b) of the TVPA bars plaintiffs’ claims, and (2) whether plaintiffs have failed to state claims for relief under the TVPA. The court answered the first certified question in the negative and affirmed the part of the district court’s order denying defendant’s motion to dismiss the TVPA claims on exhaustion grounds. The court concluded that section 2(b)’s exhaustion requirement does not bar a TVPA suit by a claimant who has successfully exhausted her remedies in the foreign state. The court exercised its discretion not to decide the second certified issue, which is actually a cluster of multiple issues involving the claims of multiple plaintiffs against the two defendants.