News

Appeals court upholds dismissal of Steinle parents’ negligence claim against city, sheriff

Suit still going forward against federal agency whose ranger’s gun was used in shooting

A federal appeals court Monday upheld the dismissal of a negligence claim against the city of San Francisco and former Sheriff Ross Mirkarimi by the parents of Kate Steinle, the Pleasanton native killed by a bullet from a gun held by an undocumented immigrant in a case that captured national attention.

A panel of the 9th U.S. Circuit Court of Appeals said Mirkarimi was acting within his discretion when he issued a 2015 memo limiting the amount of information jail staff could give federal authorities about the release of inmates who were undocumented immigrants.

The court said that while federal laws require sharing of some information with U.S. Immigration and Customs Enforcement, the laws "plainly and unambiguously" do not require notification of jail release dates.

Steinle, 32, who grew up in Pleasanton and graduated from Amador Valley High School, was killed while walking on Pier 14 in San Francisco on July 1, 2015, by a ricocheting bullet from a gun held by Jose Ines Garcia Zarate.

Garcia Zarate, a Mexican citizen with a history of drug convictions and deportations, was released from San Francisco county jail two and a half months earlier. The jail staff did not inform ICE about the release.

Garcia Zarate was acquitted in a San Francisco Superior Court trial of Steinle's murder, but was convicted of being an ex-felon in possession of a gun. He is appealing that conviction.

The lawsuit by parents Jim Steinle and Elizabeth Sullivan still contains an additional claim against the U.S. Bureau of Land Management. The gun held by Garcia Zarate was stolen four days earlier from a bureau ranger's car, and the parents claim the ranger violated a duty to secure the loaded handgun properly.

— Bay City News Service

What is democracy worth to you?
Support local journalism.

Comments

22 people like this
Posted by James Michael
a resident of Val Vista
on Mar 26, 2019 at 12:26 am

James Michael is a registered user.

This is to be expected from the 9th US CIRCUS Court. No justice.


25 people like this
Posted by Shawn
a resident of Foothill High School
on Mar 26, 2019 at 9:37 am

"A gun held by an undocumented immigrant?"

How about the truth: "shot by an 7-time felon, 5-time deported illegal alien?"

This story is absolutely sickening and the Sheriff belongs in jail. Bless the Steinle family for having to had deal with such a needless tragedy and loss of their precious daughter.


22 people like this
Posted by Leaving California
a resident of California Reflections
on Mar 26, 2019 at 11:17 am

Such an injustice! but anymore an upstanding “legal” citizen has no rights with a liberal state such as CA. There is no representation for the law abiding citizen.

If I broke the law I would have to face the reprocussions, but I’m legal, white and a native Californian. Oh, and I believe that illegal immigrants should be sent back and come over the legal way. I’m a proud Trump supporter and republican/independent.

I wish the Steinle family could see justice work as it should. I wish them the best.


18 people like this
Posted by carlos
a resident of Highland Oaks
on Mar 26, 2019 at 1:05 pm

a victory for Nancy and her puppet Eric


8 people like this
Posted by Hotslide
a resident of Oak Tree Acres
on Mar 27, 2019 at 12:06 pm

I think a group of 3rd graders could make better decisions than the clowns on that court. Around 90% of their decisions are overturned !!
A record to be proud of.


6 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Mar 29, 2019 at 8:48 pm

Thanks Nancy, Gavin, and Eric. Hope your families never have to deal with this tragedy- hope youll be as idealistic when its your daughter.


6 people like this
Posted by Doug
a resident of Birdland
on Mar 29, 2019 at 9:40 pm

@Hotslide :”I think a group of 3rd graders could make better decisions than the clowns on that court. Around 90% of their decisions are overturned !!”

That’s not true. It’s a pretty big distortion of the facts about how often the decisions of the 9th Court are overturned by the Supreme Court. The true facts are as follows: Less than 1% of the decisions of the 9th Court (or any other Circuit Court) are reviewed by the Supreme Court. Of that tiny fraction of cases that are reviewed by the Supreme Court, 86% (or 12 out of 14 cases in the year 2017) were overturned by the Supreme Court. The fact that many of these reviewed cases were overturned is not surprising since the Supreme Court would not select a case for review unless it thought that there was a good chance of it being overturned. The selection of cases for review by the Supreme Court is not made at random.

So there you have it: Of the well over 2000 cases that the 9th Circuit Court heard in 2017, only 12 were overturned by the Supreme Court. I’ll let you do the math on what percentage that is. (hint: It’s nowhere near your claimed “90%”)


6 people like this
Posted by Pleasanton parent
a resident of Pleasanton Meadows
on Mar 29, 2019 at 11:10 pm

No. He’s right. 3rd graders would have gotten this right


6 people like this
Posted by Doug
a resident of Birdland
on Mar 30, 2019 at 8:27 am

No, the judges had no choice but to rule the way they did based on the existing laws.


7 people like this
Posted by BobB
a resident of Another Pleasanton neighborhood
on Mar 30, 2019 at 8:35 am

BobB is a registered user.

Immigrants (legal or illegal) come to the US to work or seek asylum from dangerous situations. We should be welcoming for greater numbers of immigrants at skill levels. This tragic accident does nothing to change that.


Like this comment
Posted by BobB
a resident of Another Pleasanton neighborhood
on Mar 30, 2019 at 3:14 pm

BobB is a registered user.

At all skill levels...


7 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Mar 30, 2019 at 8:37 pm

BobB
All skill levels huh? So drug dealing innocent murderers fall into that criteria huh?
Sorry, legal immigration for hatd working people yes. Immigration for people looking for the US to solve their problems for them - no.


2 people like this
Posted by BobB
a resident of Another Pleasanton neighborhood
on Mar 30, 2019 at 9:20 pm

BobB is a registered user.

@Pp,

Drug dealing isn't a still _level_. Immigration for anyone who can find a job in the US is fine with me.


Like this comment
Posted by James Michael
a resident of Val Vista
on Mar 31, 2019 at 1:08 pm

James Michael is a registered user.

Someone shooting a gun in a public place is NOT a "tragic accident". It is assault with intent. The tragedy is what happened in the liberal courts after the crime and what is still happening in the courts today. The President made his picks to the 9th Circus Court over the objections of the liberals so maybe the Steinle family can take a little solace in that...not much but maybe a little.


6 people like this
Posted by BobB
a resident of Another Pleasanton neighborhood
on Mar 31, 2019 at 2:14 pm

BobB is a registered user.

@James Michael,

You have more to fear from American citizens than from immigrants, legal or illegal. The more immigrants we let in, the safer America gets.


1 person likes this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Mar 31, 2019 at 5:39 pm

BobB,
Where is your supporting data for that claim.


4 people like this
Posted by BobB
a resident of Another Pleasanton neighborhood
on Mar 31, 2019 at 10:28 pm

BobB is a registered user.

@PP,

Seriously? Those data are widely available. Crime rates (including for violent crimes) are widely understood to be lower among immigrants (including illegal immigrants) than among non-immigrants.


2 people like this
Posted by BobB
a resident of Another Pleasanton neighborhood
on Mar 31, 2019 at 10:32 pm

BobB is a registered user.

@PP,

Here's one study. There are many more.

Web Link


Sorry, but further commenting on this topic has been closed.

All your news. All in one place. Every day.

Differentiating Grief from Clinical Depression
By Chandrama Anderson | 0 comments | 1,522 views

Jammed BART trains demand innovative thinking moving forward
By pleasantonweekly.com | 9 comments | 1,040 views