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Mother of Jaycee Dugard, kidnap and rape victim, sues state of California

Mother of Jaycee Dugard, kidnap and rape victim, sues state of California

Sacramento, Calif. - Terry Probyn, the mother of kidnap and rape victim, Jaycee Dugard, has sued the California Department of Corrections and Rehabilitation, alleging it wrongly classified Phillip Garrido as a low-risk parolee. Phillip and his wife Nancy Garrido are accused of abducting Jaycee in 1991, while Phillip was on parole for rape.

On June 10, 1991, while at a school bus stop in South Lake Tahoe, Calif. an 11-year-old Jaycee was allegedly kidnapped by the Garridos and then kept prisoner in the family’s backyard for almost two decades. In addition, Garrido fathered two of her daughters while she was in captivity.

In her suit, Probyn is seeking general and special damages against the CDCR, including for negligence, failure to discharge mandatory duties, negligent hiring, and negligent infliction of emotional distress.

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Phillip was arrested over three decades ago for the kidnap and rape of Katie Callaway Hall. Law enforcement discovered him holding Hall in a small warehouse. He was married to his first wife, Christine Garrido, at the time of the brutal attack. In 1977, he was sentenced to 50 years behind bars in a federal prison for the crime, but was released on parole after serving only 11 years.

To read Phillip Garrido’s 1976 case file, click here.

Probyn states in her lawsuit that the CDCR failed to inspect Phillip’s home properly while he was on probation, thus failing to discover “makeshift buildings, tents and other structures in his back yard.”

She notes that while she was separated from her daughter, Jaycee who “…was imprisoned in Garrido’s back yard, while Garrido was being supervised by CDCR, until finally being rescued on or about Aug. 26, 2009.”

The CDCR released a report in Nov. 2009 acknowledging that it had “repeatedly failed to properly classify and supervise parolee Garrido during the decade it supervised him” and “missed numerous opportunities to discover Garrido’s victims.”

Phillip and Nancy have been indicted on 18 counts of kidnapping, forcible rape, lewd acts with a child, possession of child pornography, and false imprisonment. Nancy pleaded guilty in September, however, Phillip has yet to enter a plea.

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Cindy Adams is an experienced freelance writer who has a Juris Doctor in Law. She has made several appearances on "Issues with Jane Velez-Mitchell", reporting on current criminal cases, including the latest in the Casey Anthony case and the Haleigh Cummings' disappearance. She wrote dozens of...

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