Probation Company Is Not A Government Entity For The Purpose Of CAFA

McGee v. Sentinel Offender Servs., LLC, 2013 WL 2436658 (11th Cir. June 6, 2013).

A question arose before the Eleventh Circuit if a probation company is a government entity so that it could not assert federal jurisdiction under CAFA. The Eleventh Circuit held that the probation company who is contracted by the state for services was an officer of court like private attorneys, and not a government entity for the purpose of CAFA.

The plaintiff, a convict, brought an action in Superior Court of Richmond County, asking the Court to hold the defendant in criminal contempt of court for resisting the Superior Court's order granting the plaintiff a writ of habeas corpus and using its position as a probation company to attempt to collect a debt that was not owed or due by threatening to have the plaintiff jailed without bond. The plaintiff also alleged that the defendant engaged in a pattern of racketeering activity as defined by the Georgia Racketeer Influenced and Corrupt Organization Act (RICO), O.C.G.A. § 16-14-1 et seq.

Earlier, in a misdemeanor action, the plaintiff had been sentenced to prison. His sentence was later suspended and he was placed on probation. When the plaintiff stopped reporting and failed to pay supervision fees to the defendant, a private probation services, his probation was revoked. The plaintiff was instructed to pay the due, but when he failed to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT