. . CRIME AND CRIMINALS: KIDNAPPING AND KIDNAPPERS : UNITED STATES: GOVERNMENT : LAW: CASES: Jaycee Dugard Sues Federal Government for Not Monitoring Her Captor: Can She Win? . . Jaycee Dugard Sues Federal Government for Not Monitoring Her Captor: Can She Win? By Elizabeth Flock Washington Post National Blog Post http://www.washingtonpost.com/blogs/blogpost/post/ jaycee-dugard-sues-federal-government-for-not-monitoring- her-captor--can-she-win/2011/09/23/gIQAqpCVqK_blog.html . A shorter URL for the above link: . http://tinyurl.com/3v75yjp . .Jaycee Dugard sued the federal government Thursday for failing to monitor the convicted sex offender who grabbed her off a Northern California street as a child and held her for 18 years.
.Dugards attorney Dale Kinsella said in a statement: We believe that the years of abuse experienced by Ms. Dugard are a direct result of the U.S. Parole Commission's colossal blunders handling the case of Phillip Garrido.
. Even if Kinsella is right, its unclear whether Dugard can win this case. .The complaint, filed in a San Francisco U.S. District Court, has a sturdy claim.
. snip .Federal authorities also ignored repeated reports of sexual misconduct by Garrido, visited his home only a dozen times in a decade, and never found Dugard captive in the backyard.
. snip .But its always been difficult to win a case against the federal government.
.Dugard's family has also already received a $20 million settlement in 2009 through a state victims' compensation fund, though the U.S. government has twice rejected Dugards attempts to reach a settlement through private mediation.
. . Jaycee Dugard Sues the U.S.A for Negligence During Her Ordeal By WILLIAM DOTINGA Friday, September 23, 2011Last Update: 7:53 AM PT Courthouse News Service http://www.courthousenews.com/2011/09/23/40013.htm . .SAN FRANCISCO (CN) - Jaycee Dugard has sued the United States for the 18 years she spent as a kidnap and rape victim of parolee Phillip Garrido, who has been sentenced to 431 years in prison. Dugard, who bore two of Garrido's children during her ordeal, says parole officers knew Garrido repeatedly violated terms of his parole, for years - drinking, taking drugs, and even contacting a previous rape victim - but gave him a pass, saying at one point that "electronic monitoring would be too much of a hassle."
.Dugard was kidnapped in 1991, when she was 11 years old. Garrido then "drove her miles away to his mother's home in Antioch, California to become his private possession," according to the federal complaint. "There he sequestered Jaycee in ragged sheds and tentlike structures in his back yard-removed from any semblance of normalcy and functioning society-where he raped Jaycee hundreds of times and over the course of many years. It was also there that Jaycee's two daughters, each fathered by Garrido, were born and raised in the grotesque dysfunction that Garrido created and perpetuated."
. snip .Dugard says Garrido the parolee "tested positive multiple times for drugs and alcohol-including, without limitation, methamphetamines, amphetamines and marijuana, all serious parole violations for a sex offender. One such test showed that Garrido's blood alcohol level was 0.45 percent-a reading typically associated with unconsciousness and possible death. When confronted by his parole officer about his possible test results, Garrido admitted to using drugs and alcohol and also admitted to 'flushing' his system with excessive amounts of water at other times to avoid producing positive drug test results. Despite the U.S. Parole Commission's 'zero tolerance' policy regarding drug use for parolees and despite the violations of Garrido's special conditions of parole, Garrido's parole officers did not report Garrido's illegal drug use or alcohol use to the Parole Commission as required by law."
. snip .The 25-page complaint recites a litany of negligence from officers who should have been supervising Garrido. Dugard says Garrido violated his parole by testing positive for drugs and alcohol at least 30 times, visiting and threatening his previous rape victim, and sexually harassing a coworker.
."Garrido's federal parole officers, therapists and counselors described him at various times throughout his federal parole term as follows: 'a time bomb,' 'like a pot boiling with no outlet valve,' 'potentially very volatile,' 'potential for causing great physical harm is present,' 'problems with sexual overtones,' 'did not seem honest ... as if he was putting on an act,' 'possible danger to the community is high,' 'major problems are presented in this case,' 'there is always threat of repeat [kidnap/rape],' 'still seems dangerous to the public ... is liable to give little or no warning,' 'substantial risk to women,' 'is always a threat to women,' 'potential rapist.'" (Brackets in complaint.)
.A particularly damning paragraph - No. 6 of 87 in the complaint - states: "Despite Garrido's well-known propensities, federal parole authorities ignored report after report of sexual misconduct by Garrido.
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