NO.

http://www.coindesk.com/sue-dao-hacker/

Others have suggested that the hacker can't be liable as they only did what the contract allowed. It's an interesting argument but, simply stated, code vulnerability doesn't equal consent.

As a defense, it’s pretty weak tea. Theft is theft, off chain or on.

In fact the hacker, if caught, would not only lose his gains, but be liable for the losses of many ETH owners. He is heading for bankruptcy and jailtime.