Single Father Suing For Three Weeks Unlawful Imprisonment for Violations of a Probation That Had Already Ended

Has filed a federal civil rights lawsuit


Joe Gratz/Foter.com

According to Department of Justice statistics there were more than four million American adults on probation as of 2010. Here's what that looks like sometimes, via the Albuquerque Journal:

[Francisco] Franco was sentenced to a year of probation in 2012 after being convicted of a misdemeanor attempted breaking and entering charge and a petty misdemeanor criminal damage to property charge, according to court documents.

His probation was then ended March 7, according to the documents, but no one apparently bothered to tell Franco, who continued showing up for supervision and drug tests, Dixon said.

"Somebody tells him to show up, he shows up," Dixon said.

Franco then possibly tested positive for cocaine during a June 5 drug screening, and police also arrived at a Portales home in response to a domestic dispute allegedly involving Franco and his brother. Both Franco and his brother were drunk when police arrived, according to a police report, and no one was arrested.

Both the positive drug test and the domestic dispute are grounds for revoking probation, so probation officer Peel, who had also signed off on his probation discharge, asked for a bench warrant to send Franco back to jail.

The fact that Franco, the single father of a five-month-old girl, was no longer on probation only came to light at the arraignment hearing  after he'd spent three weeks in jail and lost his job. Franco's filed a federal civil rights lawsuit for the alleged unlawful imprisonment.

Why jail people when you can "supervise" them and then send them to jail for violating the terms of their probation instead of committing an actual crime? That employs a lot more people.

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  1. Is he still alive?

    1. At last, he went to jail for *something!*

      /Spanish Loyalist bitter-ender

  2. Being a Generalissimo ain’t what it used to be.

    1. Chevy Chase assured me he was still dead.

  3. Why jail people when you can “supervise” them and then send them to jail for violating the terms of their probation instead of committing an actual crime?

    OK, everybody – all together now:




    That’s why.

    The End

    1. I’m pretty sure a year of probation is a lot less costly than a year of jail. Especially if the individual can still work and pay taxes and you don’t have to put his kid in foster care. Are we forgetting the part where he did commit actual crimes?

      1. Are you retarded or just slow?


        Because – fuck you, that’s why.

        But it’s all about the “costs less, so….” Derp.

        1. That one obviously shot high over your head. He was comparing to cases where someone is mistakenly kept in jail after the sentence ends.

      2. No. But you seem to have forgotten the part where he had already completed the terms of his sentence, and was no longer on probation.

  4. probation officer Peel, who had also signed off on his probation discharge, asked for a bench warrant to send Franco back to jail

    I’m going to assume that somehow, some way, “forgetting the guy you yourself discharged was actually discharged and then sending him to jail” will be considered something a reasonable person would not think violated the law and thus our dear officer Peel will be assured of qualified immunity.

    1. Surely he wasn’t trained to make sure people who were done with probation were no longer monitored for probation.

    2. Why do you assume he forgot? Probation officers are generally venal scum (who else would take that job?) who like the power they have over the probationers. He probably just felt like fucking with the guy and did so because he could, and because he realized the guy didn’t even realize his own probation period was over. Fuck, he probably found that amusing.

      1. I only assume his defense will say he forgot. I mean, it’s got to be harder to get QI if you actually say you did the illegal thing on purpose to fuck with someone.

        Although maybe not. Maybe a reasonable person would still think that was legal, since the government is clearly allowed to fuck with everyone at will.

    3. I’m sure a little more training will prevent this from ever happening to anyone again. So what that Mr. Franco can’t get direct relief from the party that injured him?

  5. OK, everyone else had the same thought as I did. But who the hell names their son Francisco Franco?

    1. It worked the first time, but apparently not so much this time.

    2. Why should one guy get to ruin it?

      Disclosure: I share the last name of a notorious Caribbean tyrant

      1. What’s up, Doc?

      2. Do you prefer people call you “Raul” or “Fidel”?

      3. You got to narrow that down a bit. Castro? Duvalier? Trujillo?

        1. Let’s just say neither me or my brother are likely to name our sons Rafael or Leonidas.

          1. And they’re probably not going to become *Dominican* monks, either?

  6. You know who else defended Francisco Franco?

    1. Franco Harris?

    2. You know who else was a 20th century European fascist dictator?

      1. Ion Antonescu?

  7. Seriously, though. Is there anyone in the world who didn’t know the exact date they were off paper? Have all of your shit paid up, get all your service hours, go to all your classes/therapies/whatever, and have all your shit signed and your receipts on hand when your day rolls around. If the dugged out flakes I ran with in college and just after can figure this out, anybody can.

    1. Seriously – I bet this guy – like many with a…”checkered” past….ain’t the sharpest knife in the drawer.

      So, yeah, I totally thought, “How do you NOT know the exact SECOND your own probation ends.”

      Still…what a dick move by the Probation Occifer. Hope he dies in a fire made from the notices he failed to mail to Probies telling them their probation ended. Cause that would be ironic.

  8. So, another negligent discharge by our Heroes in Blue.

  9. They should have figured out an excuse to shoot him so they could announce that Francisco Franco is still dead.

  10. I have a story along these lines to tell. My girlfriend had moved from Illinois to Indiana to move in with me, but her parents still lived in North Shore Chicago. Her late-model car had suffered a nasty little dent in the back quarter as a result of a parking lot accident where some fool had backed into her (the fool’s fault) and being a poor college student, she decided she’d rather have the insurance money than use the money to fix the dent. Having gone unfixed, the dent got rusty.

    So we’re driving to her mom’s house winding our way up Sheridan Drive, when a cop pulls us over in Glencoe. “Pardon me, ma’am, but did you know one of your two license plate lights are out on your car? Can I see you license and registration?” He takes her license back to his car, and we sit and wait. After a bit a second cop pulls up behind the first, which is never a good sign.

    Cop comes back. “Did you know your Illinois license is expired?”

    “I don’t have an Illinois license, I have an Indiana license because I moved to Indiana, including Indiana license plates.”

    “I see that, ma’am, but our system says your Illinois drivers license is expired.”

    Back and forth we go for a few minutes, with the cop failing to understand that she has a valid Indiana license so whatever it says about her defunct Illinois license is moot.

    “I’m sorry, ma’am, but until we get this straightened out we’re going to have to arrest you for driving on an expired Illinois license.”


    1. The cop turns to me. “Do you have a valid license so that you can follow us to the station?”

      I reply, “Yes, I’ve never had an Illinois license.”

      So we ended up at a police station, she called her mom who came down and bailed her out some time later, and a couple months later when her case came to trial, her mom presented evidence that her daughter did in fact have a valid Indiana license, and the case was dismissed. As it turns out, this kind of shit happens all the time in Illinois; since her car hadn’t gotten an Illinois emissions test, it automatically suspended her Illinois license, even though it didn’t exist any more, because their system is too stupid to actually check for that kind of thing.

  11. Joey Thomas is not gonna liek that man.


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