Is it a violation of any kind for an adult probation officer to discuss a probationer’s status?

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Is it a violation of any kind for an adult probation officer to discuss a probationer’s status?

Probationer has felt intimidation from probation officer since this incident occurred with the probation officer fraternizing with his brother, in a bar setting.

Asked on September 2, 2010 under Criminal Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have a claim against the probation officer for invasion of privacy.  One aspect of invasion of privacy is the public disclosure of private facts.  The information about your status should remain confidential and not be disclosed by the probation officer to his brother.  The probation officer breached a duty of confidentiality by disclosing your status.  Since the probation officer is a state employee, you would have to file a claim with the state prior to filing a lawsuit.  If the claim is denied, you can proceed with your lawsuit.  The problem however is that it will be difficult for you to establish liability on the part of the probation officer because most likely the probation officer and his brother will deny that the conversation occurred and the case will then be your word against the probation officer.  If there were witnesses in the bar to this conversation between the probation officer and his brother, those witnesses could provide supporting evidence to strengthen your case against the probation officer.


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