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Jaycee Dugard can’t sue US parole officials for poor supervision of her kidnapper, 9th Circuit says

In this July 1, 2011 photo released by ABC, ABC News' Diane Sawyer, left, speaks with Jaycee Dugard in Ojai, Calif., during her first interview since being kidnapped near her California home in 1991, when she was 11.  Dugard wrote a memoir, titled "A Stolen Life," which recounts her ordeal in detail. The exclusive interview airs Sunday, July 10 at 9:00 p.m. EDT on ABC. (AP Photo/ABC News)

Jaycee Dugard can’t sue federal parole officials who failed to report parole violations by the man who later kidnapped her and held her captive for 18 years in a shed outside his California home, a federal appeals court has ruled in a published opinion.

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled against Dugard in a 2-1 decision on Friday, report the Orange County Register andCourthouse News Service. How Appealing links to the opinion (PDF) and additional coverage.

The 9th Circuit had previously ruled in the case in a brief four-paragraph, unpublished opinion. The new published opinion, requested by Dugard’s lawyer, is still a defeat for Dugard, though it is longer and offers more compassion, according to Courthouse News Service.

Phillip Garrido pleaded guilty to Dugard’s kidnapping and sexual assault in 2011. He was previously convicted on a federal kidnapping charge in 1977, and was released on federal parole in 1988. Federal parole officers were tasked with supervising Garrido until 1999, at which point the state of California would take over the job.

Dugard had alleged Garrido had about 70 drug-related parole violations, but federal parole officials didn’t report them. If they had, she alleged, Garrido would have been returned to prison and she would not have been kidnapped. Dugard was only 11 when Garrido kidnapped her from a bus stop.


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