Jaycee Dugard May Sue California Department of Correction

Nancy and Phillip Garrido head to court, Dugard files claim against California

ByABC News via logo
February 12, 2010, 7:42 AM

Feb. 26, 2010— -- Jaycee Dugard has filed documents suggesting she may sue the state of California claiming that state "lapses" allowed convicted sex offender Phillip Garrido and his wife Nancy to kidnap her as a child and hold her prisoner for 18 years.

Dugardfiled her notice of claim against the California Department of Correction. Her mother Terry Probyn and two minor children she bore to Garrido during her captivity have filed similar claims.

Dugard's lawsuit, according to The Associated Press, does not specify the amount of damages being sought except to say that it is in excess of $25,000.

Dugard's spokeswoman, Nancy Seltzer, told the AP that the family members haven't decided whether they'll file a lawsuit.

"We are simply preserving Jaycee Dugard's right to file a lawsuit at a later date, if that is something she decides is in her family's best interest," Seltzer said

Dugard was kidnapped in 1991 at age 11, and held captive in a warren of shacks and tents in Garrido's back yard for nearly two decades.

As a registered sex offender with a violent history, Garrido was not allowed to be around children, but corrections department officials who were responsible by keeping tabs on Garrido never noticed Dugard's presence and later never questioned the presence of two young girls at Garrido's house.

The claims became public on the same day that Phillip and Nancy Garrido were scheduled to appear in court for a judge to consider two motions prosecutors have slammed as outlandish.

The couple has requested to meet with each other in jail to discuss "family" issues and Phillip Garrido's attorney has filed a motion to force prosecutors into revealing the secret location where Dugard and her daughters have been living since their rescue last August.