NCJ Number
127688
Journal
Federal Probation Volume: 54 Issue: 4 Dated: (December 1990) Pages: 3-12
Date Published
1990
Length
10 pages
Annotation
The liability of probation and parole officers for injuries caused by offenders under their supervision is an area of the law that invites scrutiny and attention.
Abstract
The general rule is that probation and parole officers are not liable for harm or injury caused by offenders under their supervision. Given the increasing number of offenders placed on probation and parole, however, these types of lawsuits are potentially one of the greatest liability threats facing officers. In resolving such cases, courts tend to use three general approaches: special relationship, identifiable victim or group of victims, and discretionary or mandatory function. A review of court decisions where liability has been imposed or inferred reveals one common denominator. In each case, the injury or harm inflicted by the probationer or parolee was flagrant and could be linked to actions that probation or parole authorities took, or failed to take, prior to the commission of the offense. Probation and parole officers are likely to expose themselves to a finding of liability if they fail to enforce the terms and conditions of probation. They are also exposed to liability if they fail to follow regulations or policies and in cases where courts find that injuries inflicted by probationers and parolees were a foreseeable consequence of an officer's failure to use due care in supervising offenders. Judges and juries tend to be results-oriented in that they award liability and then, almost as an afterthought, look for a legal handle to justify the award. Nonetheless, abiding by rules and performing one's task professionally and in good faith should go a long way toward minimizing liability risks of probation and parole officers in a largely uncharted and sometimes confusing area of law. 53 notes