Legal Question in Civil Rights Law in Georgia

On December 11th 2006 I came home from a doctor�s appointment to find a man (Rodger Scales) in my house. He was in the process of robbing the home and when I came in he made me carry the things he was stealing to my jeep which he stole also. Then he tied my feet up with a shirt, raped me and then made me hop to the bathroom where he forced me into the tub and tied my hands with electrical cord (I was 9 months pregnant at the time). After that he left in my 2000 Jeep Cherokee. I was able to get the shirt off of my ankles and get to the front door to yell for help. A real state lady and a young couple heard me and stopped; they untied me and let me use the phone to call my husband and police. About 18 months later Detective Mike Vargo of the Phenix City Police Dept called and said they got a hit on the DNA where the guy had cut his hand when he broke in the back door. I went down to the police dept and picked Rodger Scales out of a line up. Then they told me he was in prison in Georgia on some other theft charges or something and they were going to pay him a visit. They said they would put a hold on him where Georgia would not release him out on the streets before he faced what he had done to me. Well, someone dropped the ball because he was released by Georgia and nobody even called to let me know until he had been arrested for murder only a few weeks after his release from Georgia. He shot and killed a man named Kelly Leggett and shot his brother Theodore Leggett while trying to rob a dope house (they were at the wrong apartment). So, someone is responsible for this thug being let out of prison and not being picked up by Alabama. If he had not been mistakenly let out this man would not have lost his life. Someone needs to be held responsible whether it is an individual or the state of Georgia or maybe even the state of Alabama if they did not put a hold on him like assured me that they did. I have been in touch with the murder victim�s family and we would like to meet with a lawyer to bring a suit against whoever is responsible.Do I have a case?


Asked on 8/15/11, 9:39 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

I am sorry for what happened to you, but of course you do not have a case (other than a case against the man for his assaults on you). You do not mention any facts to show you were damaged in any way. It appears you were unaware of the issue until he was already in custody. The family of anyone who was actually damaged by the actions of the state or anyone else needs to get their own lawyer (who will explain the problems with trying to sue government agencies). You can give them moral support, but you really need to step out of any legal issues they may have.

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Answered on 8/15/11, 9:46 am


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