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Feds not liable for ranger’s stolen gun used in pier shooting (Kate Steinle)
CourtHouse News Service ^ | 08/24/2021 | NICHOLAS IOVINO

Posted on 08/24/2021 2:33:41 PM PDT by aimhigh

The U.S. government can’t be held liable for the death of Kate Steinle on a San Francisco pier based on a federal ranger’s negligent storage of a gun that was stolen and used to shoot her, a Ninth Circuit panel ruled Tuesday.

Steinle was killed by a bullet that ricocheted off a concrete walkway and struck her in the back on Pier 14 in San Francisco on July 1, 2015. . . .

In arguments before a three-judge Ninth Circuit panel last month, a lawyer for Steinle’s parents argued U.S. Bureau of Land Management (BLM) ranger John Woychowski had a duty under California law to safeguard his firearm. His actions “created a risk of harm” for Steinle, attorney Valerie McGinty said.

In a 12-page opinion issued Tuesday, a three-judge Ninth Circuit panel refused to accept that argument. The panel affirmed Judge Spero’s January 2020 decision granting the U.S. government’s motion for summary judgment.

(Excerpt) Read more at courthousenews.com ...


TOPICS: Government; US: California
KEYWORDS: 3judgepanel; 9thcircuit; 9thcircus; aliens; awallacetashima; banglist; blmranger; dkansas; grabbypoppyjudge; johnwoychowski; josephcspero; josephspero; katesteinle; kathrynhvratil; kathrynvratil; magistratejudge; ndcalifornia; ninthcircuit; ninthcircus; peanutboyjudge; rapinbilljudge; susangraber; susanpgraber; threejudgepanel; wallacetashima
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1 posted on 08/24/2021 2:33:41 PM PDT by aimhigh
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To: aimhigh

Too bad Kate Steinle and Ashli Babbitt weren’t wearing BLM shirts.

Their murderers would be facing justice today.


2 posted on 08/24/2021 2:35:47 PM PDT by Az Joe (FREE CHAUVIN!)
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To: aimhigh

. A rarity: The Ninth gets one right.


3 posted on 08/24/2021 2:40:11 PM PDT by Michael.SF. (Never do anything illegal, when you are doing something illegal. )
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To: aimhigh

But if the family had sued the gun manufacturer, then the 9th circuit probably would have ruled differently.


4 posted on 08/24/2021 2:40:58 PM PDT by Boogieman
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To: Michael.SF.

Care to enlighten us?

No duty to safeguard a weapon? Hmm. Safe storage laws apply to whom?

Wondering.


5 posted on 08/24/2021 2:43:00 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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To: Michael.SF.

I guarantee if the gun was stolen from a private citizen the outcome would be a 180


6 posted on 08/24/2021 2:45:24 PM PDT by cableguymn (We need a redneck in the white house.... But the fact checkers said the story was false!)
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To: aimhigh

But Dems want to hold firearms manufacturers liable for what a customer does with a gun they’ve made.


7 posted on 08/24/2021 2:47:29 PM PDT by TigersEye (Who shot Ashli Babbitt?)
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To: aimhigh

Feds have a license to kill.Judges and government are scum.


8 posted on 08/24/2021 2:49:44 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: TigersEye

We have to replace these Libtard judges. They care more about the socialist agenda that our country.


9 posted on 08/24/2021 2:50:00 PM PDT by Machavelli (True God)
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To: Machavelli

Yes, we do.

FWIW this good ruling is the result of Trump putting more conservative judges on the 9th Circus bench.


10 posted on 08/24/2021 2:54:26 PM PDT by TigersEye (Who shot Ashli Babbitt?)
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To: aimhigh

This is another brain dead argument, that seeks to place
blame on anyone other than the perpetrator of this crime.

He broke into a vehicle and committed theft, burglary.

He alone is responsible for the gun being in his hands.

The negligence in this crime is solely his.

1. he burglarized the vehicle
2. he chose to steal a weapon
3. he mishandled the weapon resulting in it firing and
....the loss of an innocent person’s life.

.


11 posted on 08/24/2021 2:54:26 PM PDT by DoughtyOne (On the backs of Joseph Stolen and future Lessident Harris, the Democrat party should evaporate.)
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To: TigersEye

Exactly right.

It appears his SCOTUS picks may miss the mark, but he did a
good job on the 9th Circuit Court of Appeals.

I think his heart was in the right place on the SCOTUS picks
also, but got terrible advice.


12 posted on 08/24/2021 2:57:27 PM PDT by DoughtyOne (On the backs of Joseph Stolen and future Lessident Harris, the Democrat party should evaporate.)
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To: aimhigh

Of course they got off. It’s the feds. They get away with everything. No joke


13 posted on 08/24/2021 3:01:50 PM PDT by Track9 (Liberalism is a far worse virus. )
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To: aimhigh

That beautiful young woman will never get justice.


14 posted on 08/24/2021 3:02:31 PM PDT by leaning conservative (snow coming, school cancelled, yayyyyyyyyy!!!!!!)
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To: aimhigh; Az Joe; Boogieman; Manly Warrior; cableguymn; shanover; Machavelli
The original judge at the district level is Chief Magistrate judge Joseph C. Spero, first elevated by a Peanutboy judge and then named as chief by a Rapin Bill judge.

The three judge panel was two Rapin Bill judges [A. Wallace Tashima and Susan P. Graber, circuit judges] and a Grabby Poppy [Bush senior] judge [Kathryn H. Vratil, senior district judge, District of Kansas].

This looks like a ruling to protect Big Government to me.

15 posted on 08/24/2021 3:03:35 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: Track9

see post #15


16 posted on 08/24/2021 3:04:05 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: aimhigh

The judge who let this criminal loose is liable.


17 posted on 08/24/2021 3:25:19 PM PDT by G Larry (Those destroying the Constitution must demonize those who would defend it.)
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To: leaning conservative

Trump elevated her family even to the point of sharing the stage with them. It was one of the things that made people stand up and notice him, that he wasn’t backing down the way ordinary politicians would have.

That’s as close to justice as that family will get.


18 posted on 08/24/2021 3:29:09 PM PDT by Kevmo ( 600 political prisoners in Washington, DC. You cannot comply your way out of tyranny.)
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To: Manly Warrior

Well if i had supplied each one of my guns with a PFD I would not have lost them all in a boating mishap


19 posted on 08/24/2021 3:29:43 PM PDT by al baby (Hi Mom Hi Dad)
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To: aimhigh
The police who shot Ashli Babbitt is reported to have once lost his gun in a Capitol rest room, so they are at least being consistent.

(There is only liability for negligence handling firearms is when taxpayers do it. Our rulers are exempt.)

20 posted on 08/24/2021 3:33:56 PM PDT by Sooth2222 (“Toute nation a le gouvernement qu’elle mérite.” ("Every nation has the government it deserves.”) )
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