McCurdy v. United Mexican States (United States v. Mexico)

The United States brought a claim for damages on behalf of its citizen, Walter McCurdy (plaintiff), against the government of Mexico (defendant) for denial of justice and maltreatment in prison. McCurdy, an owner of mines in the state of Sonora, Mexico, alleged that the owner of an adjacent mining property, W. P. Harlow, gifted shares of Harlow’s mining company to a Sonora state official. McCurdy further alleged that Harlow lured McCurdy to come from the United States and visit Sonora, where McCurdy was arrested on false accusations of attempted murder. McCurdy spent several months in prison and was charged with various crimes. McCurdy alleged that the Mexican authorities offered to release McCurdy if he agreed to pay $5,000 and transfer ownership of his mines to Harlow. McCurdy alleged that upon his refusal to transfer ownership, he was subjected to various criminal trials, denied due process, and suffered mistreatment. In sum, McCurdy and the United States alleged that the Mexican officials colluded with Harlow to lure McCurdy to Sonora under false pretenses, have him arrested on sham charges, and subject him to months of imprisonment, all in an effort to force him to sell his mining property to Harlow’s company, in which a Mexican government official held shares. During the arbitration proceedings, the United States offered the affidavits of several witnesses that attested to the power wielded by Harlow in Sonora and his close relationships with local government officials. The United States did not, however, produce any evidence of Harlow’s alleged gift of shares in Harlow’s mining company to the Mexican government official.