Portland, Oregon – A jury in Multnomah County has awarded Génessis Alarcón, the estranged wife of Peru international midfielder Andy Polo, $600,000 in damages after finding Polo liable for assault and battery against Alarcón. Alarcón’s attorney, Michael Fuller, stated that the jury awarded the maximum amount allowed. However, there may be difficulties in collecting the amount from Polo, especially if he keeps his assets overseas and earns no income in the U.S.
Fuller remains determined to collect the damage award on behalf of Alarcón, especially if Polo accompanies Peru’s national team to the U.S. this summer. Fuller plans to domesticate the judgment in the states Polo travels to and execute it while Polo is physically present on U.S. soil.
Polo, who currently plays for Lima-based club Universitario Deportes, may face consequences for his participation in this summer’s Copa America, which will be hosted by the United States. Peru’s group stage games are scheduled to take place in Arlington, Texas, Kansas City, Kansas, and Miami Gardens, Florida.
The lawsuit was filed in March 2022 in federal court before being refiled in state court. Initially, Polo was the only defendant, but Peregrine Sports LLC, the parent company of the Timbers, was added when the case was refiled. The portion of the case involving the Timbers was settled in March 2022.
In July 2022, Alarcón was granted a default judgment of $600,000 against Polo when Polo failed to appear in court. However, Polo requested and was granted a full trial in March 2023.
The lawsuit stems from a domestic violence incident that occurred on May 23, 2021. Polo was cited for harassment after grabbing onto Alarcón’s wrist. The incident report also described Polo violently grabbing her by the arm, pulling her by the hair, and pushing her to the floor in the presence of their child.
Alarcón went public with the allegations in February on the Peruvian television show, “Magaly TV, La Firme.” The Timbers suspended Polo from team activities and later terminated his contract, despite having knowledge of the incident and picking up Polo’s contract option in December.
According to Alarcón, two Timbers representatives offered her inducements to drop the charges during a meeting two weeks after the incident. The MLS Players Association filed a grievance on Polo’s behalf, and MLS paid him the remaining amount on his contract.
Neither Alarcón nor the Washington County District Attorney’s office pursued criminal charges against Polo. MLS fined the Timbers $25,000 for failing to report the incident to the league.
The law firm Proskauer Rose conducted an investigation into Portland’s handling of the incident and concluded that the Timbers did not cover up the incident or offer inducements to Alarcón. The firm stated that Alarcón understood that the decision not to pursue charges was her own.