Legal Question in Civil Litigation in California

Im going to trial nxt month (criminal) as the st of ca against my exboyfriend (he was a CO up until a week ago for the state) for assualt. This guy is really a nut. I knew him for 10 yrs..ovr past year he started showing major personality changes..reckless behavior..violenent tendencies...i was really shocked that the dept of corrections nvr approached him..his total 180..frm missing wrk..being written up at work...passing out at wrk..threating people...i was still friends with him..but not in a commited relationship. One evening an EXTREMELY small disagreement led to him beating my face in...held me for 6 hrs against my will WITH A LOADED LASER GUN PRESSED AGAINST MY CHEEK ...HE SHOWED ME ONE WAS IN THE CHAMBER AS WELL. HE HAD THE GUN POINTED ON ME EVN AS I WAS GETTING SICK AND PRAYING IN THE BATHROOM. HE SHOT AT THE ELEM SCHOOL ACROSS ST FROM HIS HOME. HE ALSO DID ILLEGAL SUBSTANCES ..TOOK MY PHONE AND PURSE AWAY..ANYWAY it has changed me forever. I still cant get out of my car in front of my own hm if its dark..my mom has found me sleeping in my car in the morningmany times...im late..extremely..to eveything..cant work everyday...my blood pressure is off the charts... i have pain in my joints and severe swelling of feet and calves. All of it started after that nite. Oh i do have a crominal protective order..he threatened me outside courtroom then turned his back on the judge who was talking to him in order to glare at me..its on record. I have emails texts audio and photographs that were deemed admissable. But my question is AFTER CRIMINAL TRIAL..CAN I SUE HIM AND HIS HOMEOWNERS CUZ THIS ALL HAPPENED AT HIS HOME. ALSO..WHAT ABOUT CA DEPT OF CORRECTIONS? HE WAS GIVING OUT RED FLAGS BY THE HANDFULS..ALL YR..SHOULDNT THEY HAVE NOTICED ...HE HAD BEEN WRITTEN UP...SO U THINK I SHOULD SUE HIM IN CIVIL

I HAVE NEW BUSINESS..ITS HURT IT...I NEED MENTAL COUNSELING AND TO SEE A DR. I HAVENT THE MONEY. I WANT TO FEEL SAFE. ANY ADVICE IS APPRECIATED!!


Asked on 3/21/11, 6:47 pm

1 Answer from Attorneys

First off, be thankful you are alive. My ex-wife's sister was murdered last year by her psycho ex-CO boyfriend. Unfortunately your life is about the only thing you are likely to come away from this with. You can most certainly sue him, but unless he has a lot of money somewhere there's nothing to collect from when you win. Homeowners' insurance doesn't cover intentional and criminal conduct. It covers accidents and negligence, not intentional torts. You also can't sue the Dept. of Corrections for what a CO does off duty. The DoC has no responsibility for what they do off duty, anymore than McDonalds is responsible if one of their teenage employees shoots up his school.

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Answered on 3/21/11, 11:24 pm


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