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 ...
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.
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
Exactly. Swamp protecting the swamp
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?).
When it comes to courts and case law logic is out the window
Not to badge holders apparently.😖
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?
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.
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.
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