I would like to file a complaint against a california parole officer for acting under color of state law,

Civil Rights 4 views 2 answers
My neighbor is on a monitoring device and currently on parole. He just changed parole officers yesterday 12/05/2011 and a phone message from the officer threatning to issue procedings to have a warrent issued for not having a paper turned in. This is absolutly unacceptable conduct for anyone let alone an officer.

Attorney Answers

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Joseph Hyunsung LeeTrusts AttorneyPasadena, CA ·
If you want to file a claim against a parole officer for depriving you of your civil rights under the color of state law, your claim would be a 1983 case. In order to be able to sue that parole officer, you will have to prove four elements. First, you have to prove that the parole officer is a natural person, not an entity. In this case, easy. Second, you have to prove that he was acting under color of state law. Once again, issuing proceedings to have a warrant issued, so slam dunk on that one as well. Third, you have to prove that there is a link between that act and the deprivation. No problem. Fourth, you have to prove that your neighbor was deprived of some right that he has. This is problematic. If the parole officer had no real reason whatsoever, then it is a no brainer, but in this case, if the parole officer can claim that your neighbor's not turning papers is a violation of a parole condition, then he has every right to have a warrant issued and your neighbor was not deprived of any rights. However, if your neighbor does feel that he did nothing whatsoever to violate his parole, then he may want to consult an attorney.
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Christine Mccall ·
Mr. Lee has provided a very sound legal analysis. It is not clear from your post why you are involved in your neighbor's parole difficulties. It is likely that you do not have all of the facts pertaining to your neighbor's parole, and your judgment as to what is "unacceptable" is likely to be far off the mark legally. Parole is a benefit that is offered and granted in exchange for certain waivers of rights. There is an extensive body of law that upholds the powers of parole officials to initiate the legal process to revoke parole (issue a warrant for arrest for parole violation) when any parole terms are violated. It is not within the discretion of the parolee or third parties such as you to decide that some terms of parole may be ignored or disregarded. There is nothing to stop you from making a complaint to parole officials about this matter, but it is unlikely that your complaint will be taken seriously or will cause any significant reaction by administrators of parole processes because it will be presumed that you -- as a neighbor or friend -- are not in a position to have all of the facts on which the parole officer is basing his or her decisions and actions.
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