The First Circuit indicated on Friday that it may be contemplating limits on the jurisdiction of the Torture Victims Protection Act (TVPA), a law that has been used in cases involving alleged human rights violations. The panel’s comments came during a hearing in the case of Jean Morose Viliena, who is challenging a $15.5 million verdict awarded in 2023 to victims and their families. The jury found that Viliena, the former mayor of Les Irois, Haiti, was responsible for orchestrating a campaign of violence against political opponents.
The plaintiffs include the brother of Eclesiaste Boniface, who was killed in 2007, and victims of an attack and attempted murder at a Haitian radio station in 2008. These incidents were part of an alleged three-year reign of terror led by Viliena. Viliena’s legal counsel, Peter Haley of Nelson Mullins Riley & Scarborough, argued that the plaintiffs had already sought justice in Haiti, where verdicts ranged from $14,000 to $17,000. Haley contended that the plaintiffs, who are Haitian nationals, had no grounds for a U.S. court claim regarding incidents that occurred in Haiti.
