Kidnapping victim Jaycee Dugard and her family have filed claims against the state for physical, emotional and psychological damage that they say resulted from lapses in parole supervision of Dugard’s alleged captor. The four claims were filed against the California Department of Corrections and Rehabilitation on Jan. 25 and could be the precursor to a lawsuit against the state, according to representatives of the claims board. Each claim seeks an unspecified amount of more than $25,000 and alleges that various state errors contributed to Dugard’s continued captivity, ongoing sexual assault, and mental and/or physical abuse. They were filed on behalf of 29-year-old Dugard; her mother, Terry Probyn; and each of Dugard’s two daughters, who were fathered by alleged kidnapper Phillip Garrido.Garrido, 58, and his wife Nancy Garrido, 55, are accused of kidnapping Dugard near her South Lake Tahoe home on June 10, 1991, when she was 11 years old.For the next 18 years, the couple allegedly held Dugard captive in the backyard of their home just outside Antioch,where Dugard was allegedly raped repeatedly and gave birth to her two daughters.The claims were filed with the California Victim Compensation and Government Claims Board and state, “The Corrections Department has a responsibility to follow its own procedures regarding supervision,
classification, and investigation of California parolees and failed to do so.”Jon Myers, an executive officer with the board, said anyone who wants to file a lawsuit against the state or its employees must first pursue an administrative solution with the claims board. If the board allows the claims, the case would not proceed further,he said. If the board denied the claims, Dugard and her family could move forward to a superior court case. The board is looking at putting the claim on its March 18 board meeting, Myers said.A report released in November by California Inspector General David Shaw found that the state parole department failed to adequately supervise Garrido and missed numerous opportunities to discover Dugard living in his backyard. In 1977, Garrido had been convicted in state and federal court for kidnapping a 25-year-old woman in Lake Tahoe, taking her across state lines and raping her in Nevada.
He was sentenced in federal court to 50 years in prison. The Nevada state court sentenced him to an additional five years in state prison, according to the report. Garrido was paroled from federal prison in 1988 after serving 11 years of his sentence and released to Nevada prison authorities. He was paroled from state prison seven months later and returned to the jurisdiction of federal prison to serve the remainder of his federal parole term,according to the inspector general’s report. But because he was living at his mother’s house in unincorporated Contra Costa County, the California parole board assumed supervision of Garrido in June 1999 under an interstate parole compact.Garrido remained under supervision of state parole agents until his arrest on Aug. 26.Phillip and Nancy Garrido are being held in county jail in Placerville awaiting trial. They have both pleaded not guilty to 29 felony charges, including kidnapping, forcible rape and false imprisonment.
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