$20 million Settlement for Jaycee Dugard’s Claim for Damages against State

You’d have to be living in a cave or under a rock if you haven’t heard the heart-breaking story of Jaycee Dugard.

Jaycee, an 11-year old girl who was abducted and held captive for 18 years by a registered sex offender, has recently been offered by the State of California a $20 million settlement for her ordeal.

Previously, Dugard, along with her daughters who were fathered on her during her captivity, filed for psychological, physical and emotional damages against the state for its negligence and failure to properly monitor her kidnapper, Phillip Garrido.

It was stated in her claim that, "…various lapses by the Corrections Department" contributed to "Dugard's continued captivity, ongoing sexual assault and mental and/or physical abuse".

Allegedly, law enforcement agencies missed several opportunities to rescue Dugard because of lapses committed by police and even Garrido’s parole officer. The local police, shortly after Dugard’s reappearance even issued an apology to her.

In response to Jaycee and her daughters’ horrific ordeal, the California state assembly has passed A.B. 1714, a bill appropriating $20 million to settle Dugard’s claims. The State assembly approved on a 70 to 2 vote while the settlement was approved on a 30 to 1 vote by the state Senate.

While many are contesting that the amount is excessive considering that California is heavily in debt and that the money is going out of the taxpayer’s pockets – most law makers felt that the settlement was prudent. If Dugard’s claim proceeded to litigation, the damages could have reached even higher considering the state’s legal liabilities because of its negligence.

Further, the settlement which was mediated by retired San Francisco County Superior Court Judge Daniel Weinstein, said that the settlement was made to avoid greater invasion of privacy and greater publicity for the state.

Governor Arnold Schwarzenegger, who also backed the settlement, will have to sign the bill before it can take effect.

While time can never be turned back and neither Jaycee nor her daughters can never take back what they have lost, payment of damages is one way to compensate the family for the loss and injury they may have suffered and help the victims build a better life after the nightmare they had went through.

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