At a Glance
On June 16, 2016 the Eleventh Circuit Court of Appeals affirmed the district court's denial of the motion to dismiss, ruling that our claims under the Torture Victim Protection Act can proceed. Sánchez de Lozada and Sánchez Berzaín petitioned for rehearing en banc, and then for review by the U.S. Supreme Court, which was denied. The case is currently in discovery with trial set for March 2018.
David Rudovsky of Kairys, Rudovsky, Messing & Feinberg, LLP
Paul Hoffman of Schonbrun, DeSimone, Seplow, Harris and Hoffman LLP
Steven Schulman, Jeremy Bollinger, Jonathan Slowik, and Mariya Hutson of Akin Gump Strauss Hauer & Feld LLP
Susan Farbstein, Thomas Becker, and Tyler Giannini of the International Human Rights Clinic at Harvard Law School
Ira Kurzban and Geoffrey Hoffman of Kurzban, Kurzban, Weinger & Tetzoli
Eloy Rojas Mamani
Etelvina Ramos Mamani
Sonia Espejo Villalobos
Hernan Apaza Cutipa
Juan Patricio Quispe Mamani
Teofilo Baltazar Cerro
Juana Valencia De Carvajal
Hermogenes Bernabe Callizaya
Gonzalo Mamani Aguilar
Felicidad Rosa Huanca Quispe
Mamani et al v. Sánchez de Lozada and Sánchez Berzaín is a federal lawsuit brought against the former president of Bolivia, Gonzalo Sánchez de Lozada, and the former Minister of Defense, Carlos Sánchez Berzaín, for their respective roles in planning and ordering security forces in Bolivia to use deadly military force against unarmed civilians to suppress popular protests against government policies. In all, security forces under their leadership slaughtered 58 citizens and injured more than 400, almost all from indigenous Aymara communities. The suit, which seeks compensatory and punitive damages under the Alien Tort Statute (ATS), the Torture Victim Protection Act (TVPA), and Florida law, charges Sánchez de Lozada and Sánchez Berzaín with extrajudicial killings, crimes against humanity, and wrongful death for their roles in the massacre of unarmed civilians, including children.
Each of the nine plaintiffs is the survivor of one of the individuals killed by forces under Sánchez de Lozada's and Sánchez Berzaín's command. Among the nine plaintiffs are Eloy Rojas Mamani and Etelvina Ramos Mamani, whose 8-year-old daughter was killed in her mother's bedroom when a single shot was fired through the window; Teofilo Baltazar Cerro, whose pregnant wife was killed after a bullet was fired through the wall of a house, killing her and her unborn child; Felicidad Rosa Huanca Quispe, whose 69-year-old father was shot and killed along a roadside; and Gonzalo Mamani Aguilar, whose father was shot and killed.