Jaycee Dugard yesterday had an attorney file a Claim with the California Department of Corrections and Rehabilitation for damages related to not finding her in the captivity of parolee "Creepy" Phillip Garrido. The only damages she cannot sue for are 1) Damages under failure to comply with Masry's Law due to the immunity created by that law, and 2) the State and it's Department under the Eleventh Amendment if she elects to also sue under 42 United States Code, §1983. She entitled to all other damages under State Law, and to damages against all the individual parole officers under §1983.
She should definitely sue the flying fuck out of the Department and all those parole doughnut-eaters. So should Carl and Terri Probyn, and her daughters Angel and Starlit (how about changing them to Anne and Margot?) The only problem is that they can't sue the Feds for 1) lax sentencing laws at the time, 2) letting the U. S. Parole Commission release him after a 35-minute interview after serving 11 out of a 50-year sentence, and probably 3) the Federal Parole Agents' lax enforcement of Garrido's parole, mostly because of Federal immunity and if not immune, the six-year statute of limitations to file suit, since the Feds stopped supervising Garrido in 1999, and "releasing" him from Federal custody (Even that might change if Garrido is convicted in the Dugard case, since he kidnapped and raped her between 1991 and 1999. Since Garrido also Elizabeth Smarted the entire Government of the United States, his first sentence may be the remaining 39 years at the not-so-luxurious Graybar Hotel located at Leavenworth, Kansas, or the new Supermax facility at Florence, Colorado. It seems that "Lucy" Garrido "has some splainning to do.").
Jaycee's case is similar to the case of Balisteri v. Pacifica Police Department, except it is of a greater, grandiose scope. In Balisteri, the victim sued the Police for their failure to enforce a restraining order, because the Police didn't like women in general. Here, there was no enforcement in reality of Garrido's State Parole conditions. Occasionally, Parole Officers would come to a parolee's house and search for everything, because the Parole Officer doesn't need a warrant. Despite the fact that Garrido had a backyard with an eight-foot high fence Garrido built without pulling permits, Garrido's parole officers could have broken the lock leading to the backyard, and ransacked all of sound proof rooms and tents. This is an example of what should have happened instead of Garrido taking Jaycee's kids to Berkeley where Garrido ended up confessing:
PAROLE OFFICER (WITH BALLS): Mrs. Garrido, drop that camera! NOW! Jerry, give me those bolt cutters. (breaks locks) Hmm, tents? Hey, Jerry, I just found a kid in this tent!
PAROLE OFFICER: Hello, what is your name?
PHIL: Angel, don't talk to them!
PAROLE OFFICER: You shut the fuck up, Garrido! Jose, take him back to the living room!
JERRY: Hey, I found two other girls.
PAROLE OFFICER: Have them get out of that tent.
JERRY: Could you please come out. We ain't gonna hurt you.
JAYCEE: I wanna have a lawyer.
JAYCEE: Because I was told to do so.
JERRY: By who?
JERRY: What's your name?
JAYCEE: Alyssa Franzen.
JERRY: How old are you?
JERRY: O. K., then, where's your I. D.?
JAYCEE: I was told not to carry any.
PAROLE OFFICER: Hey, Jerry, we better interview all of these kids out here. Garrido is already in violation of Parole by having these kids on his mama's property.
JERRY: This person is 29.
PAROLE OFFICER: Who is she?
PAROLE OFFICER: Let me ask her some questions. Ms., what's your name?
JAYCEE: Uh, Alyssa.
PAROLE OFFICER: Oh, Alyssa, did you know that Mr. Garrido is not supposed to have any of these kids at his home?
JAYCEE: I didn't know. I knew that he had a rape conviction in the 1970's but he is a changed man.
PAROLE OFFICER: Then why are you here?
JAYCEE: I live here.
PAROLE OFFICER: I know you live here, but in these tents? Where do the girls sleep?
JAYCEE: In Phil's bed.
PAROLE OFFICER: You knew he had a rape conviction, and you let him have these girls in his bed? Man, I'm gonna have the Deputy Sheriff's bust you for child endangering.
JERRY: Hey, Sarge? You're gonna bust their sister for child endangering?
PAROLE OFFICER: Sister? Alyssa said she was their mother?
ANGEL: She always was our sister? We were all born here.
PAROLE OFFICER: Alyssa, where you born here in 1980?
JAYCEE: No, in Riverside.
PAROLE OFFICER: In his backyard there?
JAYCEE: No, I used to live in South Lake Tahoe.
PAROLE OFFICER: With him?
JAYCEE: I was taken.
PAROLE OFFICER: By him?
JAYCEE: Yes (Starts to cry).
PAROLE OFFICER: Did you have another name?
PAROLE OFFICER: What is it?
JAYCEE: Jaycee Lee Dugard. I was supposed to be on a school bus, but Nancy took me away with Phil to this house.
ANGEL AND STARLIT: Alyssa?
PAROLE OFFICER: When was this?
JAYCEE: In the early 1990's. I was about 11 at the time.
PAROLE OFFICER: Who are these girls?
JAYCEE: My daughters.
ANGEL AND STARLIT: Alyssa? What's going on?
JAYCEE: Angel and Starlit, I had you by Phil.
PAROLE OFFICER: When did you have these kids?
JAYCEE: When I was 14, and 18.
PAROLE OFFICER: But you were 17 when you had sex as to the youngest?
PAROLE OFFICER: If your story holds up, you can be free to see your real parents. Let's go Jerry, and make a big arrest. Were going to arrest Mr. and Mrs. Garrido for kidnapping, rape, and child molestation. Also call the Contra Costa County Sheriff's and have them secure the area.
JERRY: O. K.
PAROLE OFFICER: (Coming in): Mr. and Mrs. Garrido, stand up.
NANCY: Why do I have to stand up?
PAROLE OFFICER: You're both being arrested!
PHIL: What for?
PAROLE OFFICER: Kidnapping, Rape, and Lewd and Lascivious Act on a Child Under the Age of 14 on Jaycee Lee Dugard.
NANCY: Who is she?
PAROLE OFFICER: Your "Alyssa" you kidnapped, you stupid cunt.
PHIL: Hey you can't do this! I'm not going anywere!
PAROLE OFFICER: When I get to the Sheriff's Station, I'm gonna beat your pussy ass with my night stick!
PHIL: Fuck you!
PAROLE OFFICER: (Swats him on the ass with his night stick.)
PAROLE OFFICER: Get up, you son of a bitching pervert.
That's should have happened. Instead, Phil may have his "Bad Romance" with Big Bubba Johnson, but why the 11-year delay from Phil's "early release" from Federal custody?
THE ENTIRE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION HAD THEIR COLLECTIVE HEADS UP THEIR ASSES, AND DIDN'T DO THEIR JOB! The whole Inspector General's Report might as well be Exhibit "A" in Jaycee's Federal lawsuit against the Department. With their collective stupidity, you might as well have Hector the Toad and his Columbians from the Sun-Ray Hotel run the entire Parole system in California. This sounds funny, BUT when Jaycee's picture of her when she was 11 posted on every milk carton, Missing poster, and on America's Most Wanted and on http://www.amw.com/, she was supposed to be found YESTERDAY(!!!), as in get off your sorry, fucking ass, and retroactively do it yesterday.
When Brian David Mitchell kidnapped Elizabeth Smart, he was not parole. Garrido was supposed to do 50 years for kidnapping Katie Callaway Hall in 1976. He was supposed to serve until 2026, but Federal law didn't mean what it said back in 1977. With the Federal system as of 1977 is used to complicate matters, the California Department of Corrections and Rehabilitation didn't have to add to that equation. They had powers to search and arrest without a warrant. It wasn't until he went more than 25 miles out of his home in Antioch (a recent parole condition imposed on him) that he made his appearance before two UC Berkeley Police Officers.
This state is already all but bankrupt. Even though taxes should be raised, Jaycee's suit is going to cost the State millions of Dollars for complete stupidity of several parole officers who even expressed that they didn't want to do their job--supervising Garrido.
Changing the rape laws in this country won't solve it. The enactment of the Federal Sentencing Guidelines also abolished parole for new offenders since the act was made into law in the mid-1980's Phillip Garrido is the George Jung of pedophiles. He manipulated the system then, and he's trying to do it now.
He will spend the rest of his life in prison, but before Phil sees a California Prison, he'll have to redo the remaining 39 years in a Federal Penitentiary.
After all, he also kidnapped and raped Jaycee while on Federal Parole.
SAY HI TO GEORGE FOR ME, YOU TWO PIECES OF SHIT!
Danner on a Falied American Attempt to Classify Law - *Richard A. Danner, Duke University School of Law*, has posted James DeWitt Andrews: Classifying the Law in the Early Twentieth Century: This paper examine...
39 minutes ago