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Failure to Supervise Offender: Liability Issues  


Author:  Fred Cohen.


Source: Volume 18, Number 03, September/October 2016 , pp.39-40(2)




Correctional Mental Health Report

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Abstract: 

The issue of liability arising from crimes committed by parolees under the supervision of probation or aftercare agencies will become increasingly important as prison becomes less popular and community alternatives take on bigger case loads. In Dugard v. U.S.A, a Ninth Circuit panel split two to one on whether the Federal Tort Claims Act (FTCA) and its relation to California law preclude plaintiff’s recovery of damages based on the incompetence of the federal parole office in supervising parolee Phillip Garrido, who while under federal supervision, kidnapped 11 year old Dugard and held her captive for 18 years.

Keywords: Federal Tort Claims Act (FTCA); Tarasoff; Dugard v. U.S.A

Affiliations:  1: Executive Editor.

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