Can I sue the government because a minor on probation committed homicide?
<p>My father was killed by a teenager last year in TN, USA. We are still in the one year statue of limitation for wrongful death civil suit. The suspect has been transferred to adult court and the criminal case is pending.</p>

<p>The suspect has numerous charges prior committing the murder (aggravated assault, domestic violence, obstruction of emergency service, illegal handgun posession, etc).  She was also in the probation period when she killed my father. </p>

<p>With her long history of violence, the court still allow her to be on the street and commit more crime, do we have a claim to sue the court or the government for 'state created danger' or other claims for government negligence? </p>

<p>Thanks. </p>

<p>State governments (and state courts, employees, etc., as part of that government) are generally immune from lawsuits for all liability. See <a href="https://law.justia.com/codes/tennessee/2017/title-29/chapter-20/" rel="nofollow noreferrer">Governmental Tort Liability : 2017 Tennessee Code : Justia</a>. </p>

<p>You're really not going to be able to sue the state, the court, the prosecutor or parole officer over what you see as a negligent decision, considering the individuals' previous record or freedom while on parole, and/or whether they are charged as an adult or a minor. Most any lawyer will advise you of this.</p>

<p>You could contact a local legal aid clinic <a href="http://www.tba.org/info/legal-aidlegal-services-in-tennessee" rel="nofollow noreferrer">Legal Aid/Legal Services | Tennessee Bar Association</a> for more of an explanation and explore the possibilities.</p>

criminal-law liability homicide tennessee governmental-liability