Legal Question in Personal Injury in South Carolina

Wrongful Death

Earlier this year my son was murdered. He had a 7 page SLED report for selling and manufacturing drugs. He was in a residence where everyone there had a criminal record. All of them were on drugs including my son. He was on electronic monitoring. After researching the SC Law referencing the home incarceration program, my son should have never been released. Sec 24-13-1590 of the SC Code of Laws should have prevented him from being released. It is VERY clear that there were NO home visits, NO drug testing, there is no way anyone received the permission from the other people who lived there. He has been on electronic monitoring many times during the last several years, got arrested, was released and put back on electronic monitoring, even when he was living with me and no one ever visited my home or received any type of permission from me. Since his death, my family has been threatened with a lawsuit if we did not return the �box� to the program director. I feel the state is responsible for my son�s death by not properly monitoring him, had they done their job, he would be in prison, not in the ground. There is so much more to be told. Do I have a case against the State of South Carolina?


Asked on 11/10/06, 12:03 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Wrongful Death

First of all I am sorry for your loss. As to your question, I assume you want to know if you can sue the state because if your son was in prison, where he should have been, then he would not have been killed. The state has certain obligations to protect the public from people that are on parol. However, they are not obligated to protect parolees from the public. Therefore, I do not think that a court would find liability against the state in this situation. This only one lawyer's view of this and I would strongly suggest getting another legal opinion. Good luck.

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Answered on 11/12/06, 9:59 am


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