Can you sue a probation officer for discrimination if a policy was unfairly applied to you?

Question

If you were denied privileges that were given (and has always been given) to other people with the same sentence, can you sue the probation officer/correctional officers for discrimination?

My brother is in a work-release program. Everyone else is able to have personal visits after 30 days, regardless of the length of their sentence. He was told, that he has to wait 120 days (1/2 time) before he can have personal visits. And this is "standard" policy. But this "standard" policy doesn't seem to apply for other people, regardless of whether their sentences are shorter or longer.

Does he have a case for discrimination or unfair treatment? Should he file it now or wait until he gets out? What should he do?

Answer 1

Have you examined the policies in writing that states that everyone can have visits? Also, if its a work release program then he is only in on weekends? I don't think that the probation officer or correctional officers have anything to do with that situation. If he is on probation - then review the conditions of probation and ask to see the rules of the program. If it is part of a jail sentence then contact the jail - it is not up to anyone probation officer or correctional officer to make that decision (that would be giving that person too much power). That power is usually reserved for the Judges. As one other person said in their answer - the probation officer has discretion over certian situations - but they must get it approved by the Courts. Now if your brother did something that was against jail rules - then the jail administration can make certain decisions (agian it is not that one correctional officer making the decision). They don't have that kind of time to put soo much effort into one inmate. They have alot of responsibilities to tend to. Check the court records - maybe it was court ordered? You can't go by what "everyone else" says - every criminal case is different due to the individual circumstances of each criminal case. Good Luck!

Answer 2

1

Answer 3

Guys in jail are always comparing the sentences and treatment of the other guys. They are always saying, a guy who did the exact same crime and who had the exact same record as me got a lesser sentence. Why? And the answer is always the same: Never, ever, ever compare the sentence of one person with that of another. There is always something different from one defendant to another. Either the evidence in one case is different than the other. Or the record of one is totally different than the other.

Additionally, never listen to jailhouse lawyers (inmates who think they know the law). To a jailhouse lawyer, they always, always miss something on every topic they try to talk about. And they often give some defendants advice that sometimes adds years to the sentences of other defendants. (On the other hand, defendants should question their public defenders as well, but the lawyers, most of them anyway, know what's going on.)

Therefore, I wonder if your brother is even telling you the real story.And what do you mean by personal visits? No visits from his family or some kind of conjugal visit? All visits are privileges which can be lost. Conjugal visits especially.

Also, when suing the government, the first thing to do is to complain to the jail itself. There may be several things you have to do to before you consider filing a suit. And there might be a very valid reason why your brother is being treated differently. Anyway, always consult with an attorney in your jurisdiction before filing suit. If you do file suit, don't do it yourself. You won't know what to do. Get an attorney.

Answer 4

I am not saying it is discrimination but I work in a familiar type of place and there is allot of times that we don't allow the Offenders have visits for many different reason. For example the Offender behavior can play a role in visitors if the Offender is acting up then visits will be taken from him or her. He does not have to be in a work release so sometimes the rules are a little different then jail or prison but most places have the right to deny visits

Answer 5

Officers are given a wide latitude of discretion. Just because they give someone else a "break" doesn't mean they have to give everyone one. Their decision can be based upon a criminal's attitude, history or circumstances. The only way he could sue is if the officers deined him any more than the "standard" time allowed. Just because others have been given "early" visits is meaningless.

Answer 6

No. If it was a "rule" set by the courts, you could. Probabtion officers are allowed to make personal judgements. The officer obviously thinks the person does not deserve this luxery. What makes you think it was "discrimination"? You said, "everyone else" is allowed. Is he of a race or religion that is different from "everyone else"?

Remember that this person is incarcerated. Work release is a privelidge, not a right. If you start complaining, they may take that privelidge away from him.

Answer 7

that's u.s., you could sue anybody you prefer to, does not mean you will win. on your brothers case, i think of i might drop the belief. feels like he's already in sufficient difficulty and does not could possibility digging himself in deeper than he already is. each thing which contains visitation is on a case by using case foundation. purely because of the fact one guy or woman has to attend 30 days does not mean somebody else won't could wait one hundred twenty days. final analysis.......in case you could not do the time, do not dedicate the crime.

Answer 8

Violations can be reported to the superior of the probation officer.

Answer 9

You have to understand what they mean by standard.
Usually Standard procedures just mean commonly used procedure.
So depending on what your brother did exactly would depend on whether or not his situation would be considered standard.
Maybe whatever he did meant he has more restrictions.

Answer 10

Sure. Go for it.