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Appeals court backs dismissing suit against probation firm

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The federal appeals court in Atlanta has ruled in favor of Sentinel Offender Services in a civil lawsuit that claimed the private probation company was liable for damages under the civil racketeering law.

In an opinion published Thursday, the 11th Circuit Court of Appeals found that the federal judge in Augusta was correct in dismissing a civil lawsuit filed on behalf of Hills McGee.

McGee was put on probation in October 2008 for misdemeanor offenses. In January 2010, a Richmond County State Court judge revoked his probation, finding he had not reported to the probation office and owed Sentinel $186.

The judge gave McGee two options: pay Sentinel and his probation would be terminated, or go to jail for two months.

McGee, who is a mental health patient, went to jail. A habeas corpus petition was filed on his behalf, and on Jan. 28, 2010, Judge Michael N. Annis ruled in his favor, finding McGee lacked the mental competence to waive his right to an attorney at the earlier hearing.

McGee’s misdemeanor convictions were then voided.

However, weeks later, Sentinel sent McGee a letter ordering him to report to the office and to pay $186. A second letter was sent April 1, 2010, and included notice that Sentinel would seek to have his probation revoked.

McGee’s civil lawsuit was filed in response and sought to have Sentinel held in criminal contempt for ignoring the ruling in the habeas petition. The complaint also sought class action for damages, alleging Sentinel engaged in a pattern of racketeering activity through the two letters it sent.

U.S. District Court Judge J. Randal Hall ruled in favor of Sentinel, finding McGee failed to show any evidence that Sentinel intended to commit a theft by sending the letters.

Three sworn statements by Sentinel employees asserted the letters were sent because of a clerical error.

The federal appeals court also found that the constitutional challenge of the use in private probation companies could not be raised because Georgia’s attorney general was not notified.

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GnipGnop
11543
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GnipGnop 06/08/13 - 01:16 am
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Bull

Based on their actions they are in it for the money.

soapy_725
43557
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soapy_725 06/08/13 - 07:42 am
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Who is no in it for the Money?
Unpublished

Mother Teresa perhaps. Whether it is government bureaucrat relatives or outsourced political relatives, it is the same.

It cost money to keep track of street dogs who do not have a lease. And have been provided MERCY in the form of living in the "free world". They do not even complete their "community service". This is just "lip service" and you are out of my courtroom.

P.O. is a thankless job. Sort of like sewer cleaner.

Gage Creed
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Gage Creed 06/08/13 - 01:51 pm
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See Why Hey.... Show me da

See Why Hey.... Show me da money!

Gage Creed
15819
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Gage Creed 06/08/13 - 01:53 pm
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So if three people swear that

So if three people swear that it was a mistake that I ran into your car and caused you to be disabled.... I'm not liable for damages?

dstewartsr
20388
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dstewartsr 06/08/13 - 02:21 pm
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Silent stockholders

... or partners in a similar scam?

GnipGnop
11543
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GnipGnop 06/09/13 - 11:11 pm
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So I guess accidental fraud

is forgiven. Something isn't kosher in Denmark....

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