Jaycee Dugard v. United States

As the majority states, our hearts are with Ms. Dugard. But for the incompetence of both California and federal officials, the unspeakable crimes committed by Garrido would never have occurred. Ms. Dugard has been compensated by California; and in my view she should have her day in court against the federal government as well. I differ with the majority’s conclusion that the law does not allow her this, and therefore I respectfully dissent.

The majority’s decision turns on its understanding that the most analogous California cases for the purposes of determining liability under the Federal…