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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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To: aimhigh
Woychowski left his .40-caliber pistol loaded and unsecured in a backpack in the cabin of the car, despite BLM policies requiring guns be stored in locked containers, kept unloaded and equipped with trigger locking devices. The agency also requires that firearms and ammunition “not be left unattended in motor vehicles or watercraft unless they are physically secured from theft and out of public view.”

If a mere taxpayer did exactly the same thing in California, I think he/she would be headed to prison, or at the very least expect some very big legal bills.

21 posted on 08/24/2021 3:40:16 PM PDT by Sooth2222 (“Toute nation a le gouvernement qu’elle mérite.” ("Every nation has the government it deserves.”) )
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To: aimhigh

Woychowski left his .40-caliber pistol loaded and unsecured in a backpack in the cabin of the car, despite BLM policies requiring guns be stored in locked containers, kept unloaded and equipped with trigger locking devices. The agency also requires that firearms and ammunition “not be left unattended in motor vehicles or watercraft unless they are physically secured from theft and out of public view.”

guilty


22 posted on 08/24/2021 3:40:24 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. P144:1)
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Comment #23 Removed by Moderator

To: kiryandil

Exactly. Swamp protecting the swamp


24 posted on 08/24/2021 4:49:19 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: Manly Warrior; cableguymn
From my perspective the real question is: Can the owner of a car be held responsible for the negligence of the person driving the car?

I do not think the owner can be. The person who left the gun there was the party whose actions resulted in a gun being stolen, then used to kill Kate Steinle. Let's apply the same principle in another scenario:

What if the car was a rented car? Would the car rental agency be responsible for the actions of the renter? I would vote no on that question.

To me, this seems like an example of going after deep pockets. Don't get me wrong, her death was a terrible tragedy, and the man who killed her should rot the rest of his life in jail.

As to the guy who left the gun in the car, he is the one who should have been sued (maybe he was?).

25 posted on 08/24/2021 6:22:56 PM PDT by Michael.SF. (Never do anything illegal, when you are doing something illegal. )
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To: Michael.SF.

When it comes to courts and case law logic is out the window


26 posted on 08/24/2021 6:43:00 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: Manly Warrior

Not to badge holders apparently.😖


27 posted on 08/25/2021 12:59:37 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Michael.SF.

You are ignoring the laws of tge state wherein the killing took place. It is unlawful to what the VLM agent did. That alone makes the ligic trail different.

If you left your car running and unlocked, and a kid hopped in and ran over little suzy, you’d be in the suit as well as likely facing criminal charges....

No?

Loaded gun in non locking container in the open in a sedan in a public lot? What’s the problem?


28 posted on 08/25/2021 1:33:34 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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To: Manly Warrior
From the article:The U.S. government can’t be held liable for the death of Kate Steinle

The decision is not about what the agent did, it is about holding the government responsible for the agents actions. The agent is the one who committed the offense, not the government.

29 posted on 08/25/2021 2:09:25 PM PDT by Michael.SF. (Never do anything illegal, when you are doing something illegal. )
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To: Michael.SF.

Indeed, so agent gets cut loose so the govt isn’t held liable? Nah. He had/has QI. That’s the problem. He dintdonuffin, just like the illegal alien who played with the gun as if he didn’t know what it was.

Folks are not going to keep taking this forever. I hope I am wrong, that our system can right itself, but I have my doubts.


30 posted on 08/25/2021 2:34:53 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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