I was assaulted in a private residence by someone who had been placed on probation. She had violated her probation on several occasions, but the probation department was lenient. The court ordered her to go to AA, take her medicine for her bipolarity disorder and seek mental counseling. She did fulfill any of the court ordered actions. She essentially slipped through the cracks and allowed to violate her probation. Given her juvenile and adult criminal history, i feel that if she was adequately supervised by the probation department, then she would have fulfilled the aforementioned court orders. Subsequently, i would not have been assaulted and nearly killed. Do i have a case?
No. I don't think any court in this land will find that the Marin County Probation department had a duty to protect you from her. They do their job, as good or bad as they do it, but they don't take on liability left and right with each person that gets granted probation. So, I'm afraid that the only person you can sue for your assault is the person who assaulted you.
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