State condemned for preventing man from seeing his dying father during confinement in 2020

A decision that could set a precedent? A winegrower from Loir-et-Cher, prevented by gendarmes from going to the bedside of his dying father during the first confinement in April 2020, succeeded in having the State convicted for gross negligence, his lawyer said on Thursday February 15 .

In its judgment dated December 19, 2023, the judicial court of La Rochelle (Charente-Maritime) estimated that a “series of facts” had led to a “process of disproportionate overstepping of control powers” and to a “denial of justice for Mr. Patrice Dupas, namely the right to be with his father for a compelling family reason”. “The serious fault of the State is therefore established”, ruled the court, ordering the State to pay him 12,000 euros in compensation for the damage suffered and for legal costs.

He was fined

The facts date back to April 4, 2020, in full confinement due to the Covid-19 epidemic. Patrice Dupas had tried to pay a last visit to his dying father on the Île de Ré, armed with a certificate where he had checked the “compelling family reason”.

Despite exchanges of SMS with the gendarmes of his department who gave him the green light to go and a certificate from the family doctor on the father’s state of health, he was prevented from crossing the Île de Ré bridge. by the police. He was also fined and his father died three days later.

“I sleep much better now”declared Patrice Dupas to the newspaper The Parisianwho revealed the information. “To my knowledge, the State will not appeal but the judgment will be final on March 6,” said Patrice Dupas’ lawyer.