You cannot sue the DA because the DA has discretion on how to resolve a criminal case. You also do not have the right to speak with the DA. Put in a claim with the Crime Victims Board. You may be able to get some restitution. The DA may have a unit to help you do this or you can contact the Board directly.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Unfortunately you cannot sue the DA's office over this as it has discretion in resolving cases. It is possible that the Defendant did not have any money to pay restitution at the time.
File a complaint on this DA with your
state's attorney-grievance commission.
He is an attorney and has obligations
to act "professionally" whether he has
prosecutorial immunities or not. Let
him explain to the commission what
he did. You can also sue the home
invader but you'll probably have top
wait years before he gets a job and
can pay you.
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.