Jaycee Dugard Files Lawsuit Against Federal Government For Failure To Monitor Phillip Garrido

Jaycee Lee Dugard has filed a claim against the U.S. government for failing to monitor Phillip Garrido, the convicted sex offender who kidnapped her in 1991 and held her prisoner for almost two decades.

Dugard was 11 years old when she was kidnapped from a school bus stop in South Lake Tahoe, Calif., on June 10, 1991. She was missing for 18 years before authorities discovered she was living in the backyard of her kidnappers' home in Antioch, Calif. At that time, it was also revealed that Phillip Garrido had fathered two children with Dugard.

Garrido is a convicted sex offender who, in 1977, was sentenced to more than 50 years in federal and state prison for rape and kidnapping. But Garrido was paroled in 1988, three years before he abducted Dugard.

According to the complaint, which was filed in U.S. District Court in San Francisco on Thursday, the federal government bears responsibility because it did not properly supervise Garrido. The federal government was responsible for Garrido from the day he was released in 1988 until the state assumed responsibility in 1999, the complaint alleges.

In July, the state of California awarded Dugard, now 31, and her two children a $20 million settlement for its role in Garrido's parole supervision.

"It was the State's negligence in the ensuing 10 years that was actionable and gave rise to Ms. Dugard's claim for damages and the resulting settlement," said Dugard's publicist, Nancy Seltzer. "Thus, the two governmental entities committed separate, distinct and consecutive acts of negligence."

The complaint alleges that the errors in the government's handling of Garrido's case are as "outrageous and inexcusable as they are numerous."

In April, Garrido and his wife, Nancy, pleaded guilty to kidnapping and rape. Garrido was sentenced to 431 years and his wife received 36 years to life.

Dugard, who recently wrote a best-selling book about her ordeal, is seeking unspecified damages.

According to Seltzer, Dugard is not seeking money for herself. Instead, she will donate "100 percent of whatever money she recovers" to the JAYC Foundation, Inc., a non-profit that provides "support and services for the timely treatment of families recovering from abduction and the aftermath of traumatic experiences," Seltzer said in a press release.

"Jaycee ... will trust the Judge to decide the damages after all the evidence is presented," Seltzer said. "It goes without saying that what Jaycee went through in any one week of her 18-year captivity is more horrifying than most people will experience in their lifetime."

SEE PHOTOS FROM THE JAYCEE DUGARD CASE:

READ THE FEDERAL COMPLAINT:

Jaycee Dugard Complaint

WATCH:

Comments

[WhataJones]

11:47 AM on 11/21/2011

I cannot believe that Jaycee Dugard is suing the department of justice. We are all SORRY, that the state of California, did not catch her kidnapper and stop the unjustice and hanus acts that were done to her, but the accountability and punishment should not fall upon the American people to pay for the pain and suffering for which many kidnapped children have endured, and have not been paid retributions for, why is Jaycee Dugard so special, what did they ever give Medgar Evers, or Lamar Smith, Emmitt Till, Willie Edwards and Herbert Lee, Rosa Parks.... I can go on, the fact that the state of California law enforcement failed to do their job, as so do many other police departments, should not fall upon the American people, who are already suffering, Jaycee, you need to rethink your values, and principles.

[Spike5]

12:17 PM on 10/27/2011

The reason the lawsuit is against the federal government is because at the time she was kidnapped and for the first eight years of her captivity, her kidnapper was under federal jurisdiction and supervised (if we can use that word) by federal parole agents. He was under federal supervision when he impregnated his captive twice and forced her to give birth alone in the back yard of his house.

If he had been properly supervised by the federal parole agents, he would never have been able to capture and hold a child as prisoner for all those years.

[davllewis]

07:25 AM on 10/05/2011

I feel badly for Jaycee Dugard I truly do but isn’t this taking it to far? The fact is only Phillip Garrido and his wife are responsible for this crime. She already sued the state of California and got a settlement how much more does she need? The federal government is neither big brother nor do I want it to be, would you? I wouldn’t want to blame a victim but the fact is the state of California sent probation officers to the the Garrido home and she hid. I don’t think she can blame the government for not finding her sooner when she was hiding. Additionally her taking a huge settlement from the government is going to help anyone but her. It was a terrible crime that robbed her and her mother of a childhood, but not a crime committed by the government.

[Theresa BartlePorter]

12:21 AM on 10/07/2011

I read her book, The lady is doing good and do you know any money she gets is going to JAYC foundation. I'm Very proud of her for learning to be an a free person per say. She can't go to a ball game for her kids because the media might connect her kids with her. I have 11yr old son.... JAYC means Just Ask Yourself to .. Care. I cared enough to buy her book, maybe you should do the same.

[Spike5]

12:22 PM on 10/27/2011

The parole officers for the first 8 years were FEDERAL, not state. So if the state of California is responsible, the federal government is equally responsible for the period when they were responsible for his supervision.

And during those first years, she didn't 'hide' - she was kept locked up for years in a single room with not even a window, alone with only her captor for company, totally dependent on him for her survival. She was an 11 year old child, 14 when she gave birth the first time, and she was not allowed out of a small room for years. It wasn't until the children became older that they built a fenced area in the yard so the children could get some sunshine.

None of the parole officers even inspected the back yard or looked into the sheds to see what was in them. Not much 'supervision' there. All they did was check that he was still there, not what he was doing.

If you read her book, you will see that he was clearly mentally ill and delusional and there is no way that could have escaped the notice of any properly trained and responsible agent.

[rollingrock]

06:07 PM on 10/04/2011

The judge who let Garrido out in the first place should be in prison and sharing a cell with him. Then he'll have a taste of the suffering his actions put Jaycee Dugard and her family through for twenty years.

[youcanbehappy]

09:31 AM on 10/04/2011

I agree on both sides, those who are in favor and those who don't want their tax money to go towards this claim.
I think it goes both ways, government uses our money in stupid ways and we never know about it so if it goes to this I don't mind. Then we also have the fact that these government agencies haven't changed their ways and they are still letting lose these sick weirdos to our streets, letting them live a normal life, maybe you have one as a neighbor. I'm so sick of the government saying that they have rights and we can't violate them. Well guess what? They should have lost all rights the moment they committed a crime against a child or a women. If the file against the government proceeds I hope they review their wrong ways and do something about.

[Noreen Burkett]

01:31 PM on 10/03/2011

Perhaps this is what it will take for Federal government employee supervisors to start doing their jobs to check their employees and make sure they are doing their jobs. While government employees have been receiving excellent pay, they have fallen down on their watch.

How could they allow this sex offender to go free to do what he has done to Jaycee Dugard? There is NO excuse for this.

This poor young girl/woman was kidnapped, drugged, raped for years, and forced to give birth to two children with no medical care or relief by this horrible psycho and his psycho wife; and Jaycee's parents were forced to endure the worst scenario that they possibly could; thinking their daughter was, for years, tortured or murdered. Jaycee Dugard deserves billions of dollars for being forced to endure the pain she went through, and I hope the judge overseeing this case sees to it that she gets it.

[cmfrtblebbw]

09:47 AM on 10/02/2011

Sue their pants off, it's exactly fair.

[belinda62758]

10:31 PM on 09/27/2011

It is about time, our goverment never has to pay for there action, maybe this will make changes, that will protect other children. If this would have been one of us, or one of our children we would not be as harsh on our comments. Just think what that woman went thru for 18 years, if our goverment had been doing there job that we as taxpayers pay them for we would not be here making comments on this.

[sickofidiocy]

01:09 PM on 09/27/2011

Greedy lawyers, greedy plaintiff, wanting to capitalize on any and everything, reasonable or not. Guess what? It's TAXPAYER money these moneygrubbers are awarded.

[Noreen Burkett]

01:33 PM on 10/03/2011

This is one case that I won't even care that it comes out of my taxpaying pocket. What the Federal government allowed to happen is inexcusable.

[Wake Up Call]

04:53 PM on 09/26/2011

Sue the probation officers PERSONALLY. Why should the taxpayers foot the bill? Oh, right - because the probation officers don't have $20 million and so the lawyers she has won't get their 50% of the take. It isn't about justice. It is about the greed of her lawyers.

[pomeria]

01:24 AM on 09/30/2011

The State and Federal Employees can not be sued as such in most cases. BUT I would sue to have them removed from their jobs. Also just refund any money withheld for their retirement plan and not be entitled to any pension. And no unemployment benefits.

[amandagirl31]

10:58 PM on 09/25/2011

Jaycee was an 11 year old child when as a society we failed to protect her from those KNOWN sick twisted people. This money will come from tax dollars which is fair since we have the power as a society to prevent known pedophiles from ever being in the community once convicted. This woman lost her childhood, her family, and was forced to lived as an animal. If she were an animal PETA would be suing for a lot more money with a lot less whining from everyone about the cost. Keeping children safe and keeping twisted freaks is our job as a civilized society and we failed so we should pay.

[sickofidiocy]

01:09 PM on 09/27/2011

Even animals escape torture at the first opportunity. Jaycee did not even try.

[youcanbehappy]

09:08 AM on 10/04/2011

You may want to learn a little about psychology before you come to any conclusions. An adult that has lived and has more experience would in most cases escape but a child who was on 11 and after years of sexual abuse and secluded from the world wouldn't have our mentality. I'm sure at some point she taught it was normal.

[Spike5]

12:11 PM on 10/27/2011

Did you read her book? It's free from your public library. She was barely old enough to walk to school alone when she was captured. She was never allowed any independence. She had no money. She didn't know where she was. She didn't know how to reach her family if she escaped. And she didn't know that she might not end up in a worse place. As it was, her captor threatened to sell her (!) when she didn't cooperate. By the time she was old enough to think through an escape plan, she had a baby and then another.

Reading her book, I was amazed at her strength and resilience in dealing with such terrible circumstances--and then doing her best to care for her children in the most awful circumstances.

Perhaps you should try having someone lock you in a room alone, except when you are being threatened and raped, for a few years and then see how much initiative and confidence you would have.

[TedEjr]

12:29 PM on 09/25/2011

1---What happened to Jaycee was a tragedy.

2---All condolences to her for what she suffered and had to endure.

At the same time.

While progressive, I also understand that there is not a legal remedy for all situations. A law suit will not make her, to use legal parlance, whole. Nor is it a proper way to fund an organization.

IMHO, the amount, if the suit has legal standing, is grossly excessive.

[Karen StovallStringer]

03:45 PM on 10/01/2011

TedEjr, A law suit will not make her, to use legal parlance, whole. Nor is it a proper way to fund an organizati­on.

Au contraire. It will pay for (what I'm going to assume) a tremendous amount of time for Jaycee and her two daughters. It can upgrade their residence by adding all sorts of safety features such as a manned alarm system. I would also take karate or tae kwon do classes and make sure my daughters do too. I would also get counselling for them. Eighteen years will be a tough row to hoe and they will need time to learn new ways of interacting with each other. That could also be something for the foundatiton to fund to help victims become stonger. More empowered.

Since she did not ask for a specific amount I can't see how you are calling it "grossly excessive."

[TedEjr]

12:37 AM on 10/02/2011

1---Articles on HuffPo are frequently modified. Your post is seven days after mine. MUCH has changed in this article since then. The original article stated that she is suing THIS time for $20 million. In addition to the $20 million she has already been awarded.

2---Ya might wanna go back and read THIS article. To wit, her purpose for this current suit, and her intentions for the money. It makes the majority of your second paragraph a Non-Sequitor.

[Theresa BartlePorter]

12:26 AM on 10/07/2011

But maybe it will stop If the state protects a person who should of not been out of prison to start with.

[shutzy56]

07:08 PM on 09/24/2011

Jaycee's gawd-awful ordeal is simply unfathomable to me. If I remember correctly she got away because she feared for her coming-of-age daughter. I find her incredibly courageous.

[Theresa BartlePorter]

12:30 AM on 10/07/2011

No that was not the case. Read a Stolen life- by jaycee dugard. I cried sometimes even laughed. I hope she knows she has a spine of steel and the respect of me.

[Neil Reilly]

08:20 AM on 09/24/2011

They did you wrong, they should pay. Good for you. Get everything you can. Alot of people will say you got enough money so back off. The people that should do their job didn't do it and now they say don't go after our money, it will break us. Well do your job and you don't have to worry about it.

[silsez]

12:21 PM on 09/25/2011

Are you a taxpayer? If so, she going after YOUR money.

[Tuned IN]

09:55 PM on 09/25/2011

Yep, and that's the price we pay when our community rallies around for the witch hunt of the stepparent/parents did it... And LE tunnels their investigation.

BTW, her parents were also taxpayers...

[Spike5]

12:13 PM on 10/27/2011

If you read her book, you'd know that the organizations that are helping her and her daughters regain their lives are not government agencies. And she wants the money to go to an organization that can help other victims in the same way she is being helped.

Maybe if taxpayers provided this care for victims, she wouldn't be trying to raise the money through a lawsuit.

[900]

04:51 AM on 09/24/2011

Qualified people to do the job. That is what was laking in this case. I am sorry for what happened to Jaycee but money in a charity won't cut it. Proper hiring will. Too many people are hired without common sence or the ability to take the time to do their jobs (instead of finding out ways how not to do the job). Too many times you hear "Its not my job" (instead of going that little extra to find out what needs to be done) or it's not my fault- but because they did not take the proper time to investigate fully it was their fault. Proper monitoring and extensive searches would have saved Jaycee from years of torchure. Hiring people who care about the job not just the paycheck is the way to go - oh and who is quilified not just who do you know.