Can I sue, Circuit Court Judge, and Probation Officer?

Question

Problem goes back many years of dealing with my minor.  Problems in school, and learning difficulties that landed her in trouble with legal issues.  She was placed on 1yr probation that lasted up to now, 3yrs.  She'll be 18 in April.

She has been threatened by the Judge that if she don't get it together, he will put her away possibly in southern oaks, or Juvenile Detention.  His words were, if she goes awol, don't go to school, and don't follow house rules he'll deal with her by giving her 10days here, 10 days there, and maybe 120 days in juvie.

She was released from Juvenile detention on 11/26/08  and her first night home, returned home at 4am.  I notified her probation officer, and they are trying to back off this kid because she is almost 18.  I'm telling them almost is not there yet, and she is 17yrs old. 

The judge is not following thru on his words, and I feel you can't make statements in a court of law and not stand by those words.  Thus far, he is not backing up his words, and probation officer is dragging her feet in putting out a capias when I inform her that my child has violated terms of probation and court orders.

My child, has mental issues and uses drugs while out in the street.  Locking her away takes her from us, but it keeps her safe and out of the hands of sicko's out here that is taking advantage of her.

She gives up her nice clothing, lets individuals use her cell phone, wear her coat, and in turn---what else are they doing to her?  I worry constantly because she is out in the streets.

I feel they are dropping the ball because they say she's almost 18.  This to me is an excuse to not do their job.  She's not 18 yet.  And they know she has a mental illness.  What can I do?

Elory · Accepted Answer

You can certainly try to sue them. It would be a starting point to solving the problem you have.

Emily T · Answer

No, you can't sue the judge or the probation officer.  Read a supreme court case entitled Deshaney v. Winnebago Co. if you want the reason why.  

This is YOUR child.  What mental illness does she have except for a lack of boundaries established by her parents?  If she is out in the streets you have one person to blame.  I'm so sick of seeing young kids with mental illness diagnoses.  Stop relying on an overworked probation officer and a judge to do your parental duty.  Of course, if she's 17 it's probably too late for that.

msi_cord · Answer

First of all, you cannot sue a judge because his/her position gives him immunity from legal action.  I am almost certain that probation officers have the same type of immunity.

Why is she being allowed to leave the house if she is using drugs and making poor choices?  As a parent, you can have your child committed to a mental health facility until she is 18.  If she has mental health issues that cannot be resolved at home, this may be the best course of action.

milliemitchell58 · Answer

My son s probation officer and supervisor are NOT doing their jobs.  Don t blame me as the parent - he became addicted to heroin because the dr at hospital gave him prescription for percocet for 6 weeks when he broke his feet 2 years ago and they never warned him or us (he was under 21 at time) that it could lead to heroin addiction (statistics show 87%)  - probation officer demanded we pull him out of his 3rd out of state rehab stint to appear in court for misdemeanor - then they proceeded to postpone court for 5 weeks and he was not held accountable at ALL.  He is back on street now and his girlfriend OD d this weekend and they WILL not put out warrant for him.  When you point a finger at someone you have 3 pointing back at you.....Everyone has blood on their hands.

Anonymous · Answer

Well, as a parent, what are YOU doing to prevent her from leaving the house, not following rules, etc.?  You state you are 'worried', but I do not see anything on what YOU are doing to prevent any of this!

Secondly, with her not being 18, YOU can legally admit her for her mental issues.

Lastly, yes, the Judge can change his mind if s/he wishes.

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Can I sue, Circuit Court Judge, and Probation Officer?

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