Posted on 01/13/2017 7:02:00 AM PST by OddLane
Our readers may be aware of the recent decision in the lawsuit by the family of Kate Steinle, a victim of San Francisco’s sanctuary city policy. The following represents the analysis of the Steinle ruling by someone whose expertise is the law.
The court dismissed the family’s lawsuit against the County and City of San Francisco and former Sheriff Ross Mirkarimi. The court did allow one claim to go forward: the negligence claim against the federal government because a federal Bureau of Land Management ranger left his handgun in a backpack in an unlocked car in downtown San Francisco, which is how the criminal alien obtained the gun he used to murder Kate Steinle, an innocent American citizen.
I am extremely upset that the judge dismissed the case against San Francisco and Mirkarimi over their sanctuary policies. The basis of the claim that I was really hopeful about was 42 U.S.C. Section 1983: every person who, under color of any statute, ordinance or policy of any state, causes any citizen to be deprived of their civil rights...
(Excerpt) Read more at american-rattlesnake.org ...
Sorry to hear this. I hope things turn around on the legal front for her family soon with the new administration.
Looks like “screamingly bad general public policy” doesn’t count here. I’m not totally sure we would want it to count, because some day a lefty may step up and try to do that to us, with respect to what she calls lax weapons policies.
The U.S. constitution does provide for defending states against invasion. Doesn’t seem to say anything about whether those states want the invasion, or not. Things could get interesting under Trump if push comes to shove and the anticipated self deports don’t happen. I’m sure Trump will try to “carrot” or rather “lack of carrot” them out first. This is the only significant justice that cases like this might produce — but it may be quite enough, on earth. Perhaps it raised enough consciousness over the entire USA (if not in California) to help put Donald Trump over the top. When the wicked bear rule, the people mourn. When the righteous bear rule, the people rejoice. Trying to fix a larger public problem with lawsuits rather than with wiser policy runs into the “hard cases make bad law” wall. It’s the lefties who crave that hammer of the courts.
Anyhow, that’s my take on it.
She died as an unwitting domestic soldier in a slow invasion war. Trump will push the progress of that war in the other direction, tout suite.
Please tell us all, “what court?” Can this decision be appealed and to whom?
U.S. District Court for the Northern District of California. Joseph Spero is the Chief Magistrate Judge.
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