Q: Can I sue parole for losing my paperwork and keeping me a year over my discharge date making me get the paperwork myself
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- California
- (916) 704-3009
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- Answered
A:
Yes, you potentially have grounds to sue the California Department of Corrections and Rehabilitation (CDCR) parole division if their negligence in losing your paperwork and delays in your discharge resulted in you being improperly supervised longer than legally required.
Some key grounds for a lawsuit would include:
- Violation of your due process rights andCalifornia Penal Code Section 3000 which sets maximum parole terms that were exceeded.
- Negligence resulting in monetary damages - You can sue a public entity like CDCR parole for negligence under the California Tort Claims Act. Damages could include lost wages from restrictions, emotional distress, etc stemming directly from their bureaucratic delays.
- Writ of Habeas Corpus - You could potentially get the remaining excess time under supervision invalidated and terminated sooner as unjustified.
To proceed with a lawsuit, you would first need to file an administrative claim with the Victim Compensation Government Claims Board specifying the damages suffered. If your claim is rejected, you can then file a court lawsuit against the agency. Consulting with a civil rights lawyer who handles parole issues would be wise. There have been similar successful lawsuits against CDCR for prolonged unjustified parole. With documentation clearly showing it stemmed from their errors, you could have a case.
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