Court rejects lawsuit by kidnapping survivor Jaycee Dugard

AP via Yahoo! ^ | March 15, 2016 | Sudhin Thanawala

[goodwithagun]

SAN FRANCISCO (AP) — The federal government cannot be held responsible for kidnapping survivor Jaycee Dugard's 1991 abduction and subsequent 18 years in captivity, an appeals court said Tuesday.

The 9th U.S. Circuit Court of Appeals rejected Dugard's lawsuit alleging federal parole officials should have revoked her abductor's parole well before he kidnapped her, but failed to do their jobs.

[goodwithagun]

I still can't figure out how somebody even manages to get parole after abducting and raping somebody!

[Pollster1]

I agree with the court that she should not be able to sue for their terrible performance of their job. I hope those involved in that obviously bad decision will have multiple nightmares every night for the rest of their lives. Actions should have consequences. But grounds for a lawsuit? No.

[barefoot_hiker]

Of course. From the Feds all the way on down to your local police force, gubbermint wants all the power, but none of the liability.

[baltimorepoet]

If you’ve been raped and kidnapped, your best chance at justice is street justice.

[IronJack]

But grounds for a lawsuit? No.

Why not? The parole officials are sworn to enforce the regulations of their department. It can be clearly demonstrated that they failed to do so. And it can be shown that their failure to do so constituted proximate -- or at least contributory -- cause of this woman's kidnapping. That comprises criminal negligence, and should be actionable.

What better way to hold these bureaucrats liable for their misjudgments?

[Resolute Conservative]

BS. The only government people that ever get in trouble are the low level minions who are left hanging out to dry while the powers to be continue their mismanagement of our country. They should be held responsible.

[Cincinnatus.45-70]

I agree. Until federal and state officials are held accountable for their decisions, they will continue to unleash vicious predators on society. If a parole board ends up costing the feds or states hundreds of millions a year in liability judgments, there will be an end to that. Or at least a lot more care taken. Some felons may never be released? So what?

[originalbuckeye]

It’s California. Most of the Government workers are Dems who will never hold another Dem accountable unless it is a matter of a YUGE scandal.......like the State Senator in the SF area who was a vocal advocate for gun confiscation while he was running them. HE couldn’t be ignored......but most everyone else will skate as long as they are in good standing in the Dem party. I loved living in California, but it is just a Leftist cesspool now....sad. And the whole Dugard story is just heartbreaking.

[Bob434]

Sorry Jaycee- but in this country you have to be a criminal before you have any rights

[NorthMountain]

The Justice Cooperative

Fiction.

For now.

[wideminded]

From Wikipedia:

“In July 2010, the State of California approved a US$20 million settlement with Jaycee Dugard, to compensate her for “various lapses by the Corrections Department [which contributed to] Dugard’s continued captivity, ongoing sexual assault and mental and/or physical abuse.” The settlement, part of AB1714, was approved by the California State Assembly by a 70 to 2 vote, and by the California State Senate by a 30 to 1 vote. San Francisco County Superior Court Judge Daniel Weinstein, who mediated the settlement, stated that the settlement was reached to avoid a lawsuit which would be a “greater invasion of privacy and greater publicity for the state.” The bill was signed by California Governor Arnold Schwarzenegger on July 9.”

[Albion Wilde]

The parole officials are sworn to enforce the regulations of their department. It can be clearly demonstrated that they failed to do so. And it can be shown that their failure to do so constituted proximate -- or at least contributory -- cause of this woman's kidnapping. That comprises criminal negligence, and should be actionable. What better way to hold these bureaucrats liable for their misjudgments?

Can she mount a civil case, like the Goldmans did with OJ after the criminal trial failed to produce justice?

[IronJack]

Many public agencies are exempt from liability, or at least shielded to a large extent from nuisance suits. But where a pattern of criminal negligence, incompetence, or malfeasance exists, I would think there are fertile grounds for civil liability. The burden of proof on the plaintiff would be high, but in a case like this, I think it would be demonstrable.

[arthurus]

Court rejects lawsuit by kidnapping survivor Jaycee Dugard

Interesting headline. This seem to describe a truly outre court proceeding using a highly unorthodox method to reject a lawsuit. Where is Dugard currently being held by the court that kidnaped her?

[goodwithagun]

; )