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, we learned on Wednesday 14 February with his lawyer.
“I sleep much better now
,” Patrice Dupas told the newspaper
Le Parisien
, which revealed the information.
For a long time, he had wondered about his share of guilt for not being able to see his father before his death.
In its judgment dated December 19, 2023, the La Rochelle judicial court considered that a
“series of facts”
had led to a
“process of disproportionate overstepping of supervisory powers”
and to a
“denial of justice for Mr. Patrice Dupas , namely the right to be with one's father for compelling family reasons
.
“Compelling family reason”
“The State's gross negligence is therefore established
,” ruled the court, ordering the State to pay it 12,000 euros in compensation for the damage suffered and for legal costs.
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 island of Ré (Charente-Maritime), 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 viaduct by the police.
He was also fined.
His father died three days later.
“To my knowledge, the State will not appeal but the judgment will be final on March 6
,” says Maître Kévin Gomez to AFP.
“My client is now calm.
He tells himself that he did everything to get to his father and that if he did not succeed, it was not his fault
,” he adds.