In a recent civil lawsuit trial in Multnomah County, Oregon, Génessis Alarcón, the estranged wife of Peru international midfielder Andy Polo, has been awarded $600,000 in damages. A jury found Polo liable for assault and battery against Alarcón, leading to this significant financial judgment.
According to Michael Fuller, Alarcón's attorney, the jury awarded her the maximum amount allowed. However, there is uncertainty regarding whether she will be able to collect the damages from Polo. Fuller explained that if Polo retains all his assets overseas and generates no income in the United States, he may successfully evade collections.
Despite this challenge, Fuller remains determined to collect the damage award on behalf of Alarcón, especially if Polo accompanies the Peruvian national team to the U.S. this summer. In such a case, Fuller plans to domesticate the judgment in the states Polo travels to and execute it against him while he is physically present on U.S. soil.
Currently playing for Lima-based club Universitario Deportes, Polo's participation in this summer's Copa America hosted by the United States could be affected by this judgment. Peru is scheduled to play their group stage matches on June 21 against Chile in Arlington, Texas, followed by a match against a yet-to-be-determined team on June 25 in Kansas City, Kansas. Their group stage finale against Argentina is set for June 29 in Miami Gardens, Florida.
Polo has recently been called up to Peru's squad for the last two 2026 World Cup qualifiers against Venezuela and Bolivia. However, this legal judgment may raise questions about his availability for future national team games.
The civil lawsuit was initially filed in March 2022 in federal court but was later refiled in state court. Initially, Polo was the sole defendant, but Peregrine Sports LLC, the parent company of the Portland Timbers, was added when the case was refiled. The portion involving Peregrine Sports LLC was settled in March 2022.
The lawsuit stems from an incident of domestic violence that took place on May 23, 2021. According to an incident report obtained from the Washington County Sheriff's Department, Polo received a citation for harassment after grabbing Alarcón's wrist. The incident occurred in the presence of their child, and it involved Polo violently grabbing her arm, pulling her hair, and pushing her to the floor.
The lawsuit further asserts claims of assault, battery, and negligence, seeking fair compensation for noneconomic damages and taxable costs, to be determined by the jury based on reasonability.
Following the incident, two Timbers employees, Gabriel Jaimes and Jim McCausland, arrived at the residence. McCausland, a former Portland Police Bureau detective, assured law enforcement that peace would be maintained, offering support to both Alarcón and Polo. However, Alarcón publicly shared allegations about the incident on a Peruvian television show in February.
The Portland Timbers responded swiftly to the public allegations, suspending Polo from team activities and subsequently terminating his contract. Notably, the Timbers had knowledge of the May incident and had exercised Polo's contract option in December. The MLS Players Association later filed a grievance on Polo's behalf, and MLS paid him the remaining money on his contract. Polo then signed with Universitario Deportes.
While neither Alarcón nor the Washington County District Attorney's office pursued criminal charges against Polo, Alarcón later disclosed to ESPN in an exclusive interview that two Timbers representatives, identified as McCausland and Christine Mascal, an attorney hired by the Timbers, met with her two weeks after the incident. Alarcón claimed they offered her inducements to drop the charges. A recording of the interview was released by Alarcón's attorney.
An investigation by the law firm Proskauer Rose, engaged by MLS, concluded that the Timbers did not cover up the incident or offer inducements to Alarcón. They also found that Alarcón understood the decision not to pursue charges was her own. However, the Timbers were fined $25,000 by MLS for failing to report the incident to the league.
The civil lawsuit's outcome has brought financial consequences for Polo and potential implications for his future career and participation in national team competitions. As the legal proceedings continue, the focus remains on collecting the awarded damages and the subsequent impact on the lives of those involved.
