Q: Can the Department of Community Supervision be sued?
My husband who is on adult felony probation attacked me for the first time ever in March 2022. He nearly beat me to death. He was on probation then and was arrested with new charges of Aggravated Assault and False Imprisonment. Because I truly thought that he had a mental health break which led to the attack, I advocated for him continually to be able to come home. After 15 months and having an evaluation done, being found not criminally responsible, they Nolle Prosed his charges, reinstated his probation with additional conditions (which included taking all meds and no violent contact with me) and sent him home. On October 9, 2024 his PO was made aware by him that he voluntarily quit taking his anti-psychotic meds. October 25 he attempted to take my life again. He is now in jail with Agg Assault charges claiming he's crazy just like before. His PO did nothing to alert me of the possibility of an attack or violate him. Can she be held responsible for this attack?
A:
It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.
State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to violate the law in contravention of his obligations, I do not foresee a valid claim being brought against them. Their duties do not extend to the family of the subject and his violence is an independent act even if there was a duty to protect.
Not that you cant try, and with the right facts this COULD work. But you would need a LOT more.
I am so sorry you have been victimized like this and wish you healing.
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