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.

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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.

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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

Uploaded: Mon, Mar 25, 2019, 8:36 pm

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

Comments

James Michael
Registered user
Val Vista
on Mar 26, 2019 at 12:26 am
James Michael, Val Vista
Registered user
on Mar 26, 2019 at 12:26 am
22 people like this

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


Shawn
Foothill High School
on Mar 26, 2019 at 9:37 am
Shawn, Foothill High School
on Mar 26, 2019 at 9:37 am
25 people like this

"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.


Leaving California
California Reflections
on Mar 26, 2019 at 11:17 am
Leaving California , California Reflections
on Mar 26, 2019 at 11:17 am
22 people like this

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.


carlos
Highland Oaks
on Mar 26, 2019 at 1:05 pm
carlos, Highland Oaks
on Mar 26, 2019 at 1:05 pm
18 people like this

a victory for Nancy and her puppet Eric


Hotslide
Oak Tree Acres
on Mar 27, 2019 at 12:06 pm
Hotslide, Oak Tree Acres
on Mar 27, 2019 at 12:06 pm
8 people like this

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.


Pleasanton Parent
Pleasanton Meadows
on Mar 29, 2019 at 8:48 pm
Pleasanton Parent, Pleasanton Meadows
on Mar 29, 2019 at 8:48 pm
6 people like this

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


Doug
Birdland
on Mar 29, 2019 at 9:40 pm
Doug, Birdland
on Mar 29, 2019 at 9:40 pm
6 people like this

@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%”)


Pleasanton parent
Pleasanton Meadows
on Mar 29, 2019 at 11:10 pm
Pleasanton parent, Pleasanton Meadows
on Mar 29, 2019 at 11:10 pm
6 people like this

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


Doug
Birdland
on Mar 30, 2019 at 8:27 am
Doug, Birdland
on Mar 30, 2019 at 8:27 am
6 people like this

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


BobB
Registered user
Another Pleasanton neighborhood
on Mar 30, 2019 at 8:35 am
BobB, Another Pleasanton neighborhood
Registered user
on Mar 30, 2019 at 8:35 am
7 people like this

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.


BobB
Registered user
Another Pleasanton neighborhood
on Mar 30, 2019 at 3:14 pm
BobB, Another Pleasanton neighborhood
Registered user
on Mar 30, 2019 at 3:14 pm
Like this comment

At all skill levels...


Pleasanton Parent
Pleasanton Meadows
on Mar 30, 2019 at 8:37 pm
Pleasanton Parent , Pleasanton Meadows
on Mar 30, 2019 at 8:37 pm
7 people like this

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.


BobB
Registered user
Another Pleasanton neighborhood
on Mar 30, 2019 at 9:20 pm
BobB, Another Pleasanton neighborhood
Registered user
on Mar 30, 2019 at 9:20 pm
2 people like this

@Pp,

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


James Michael
Registered user
Val Vista
on Mar 31, 2019 at 1:08 pm
James Michael, Val Vista
Registered user
on Mar 31, 2019 at 1:08 pm
Like this comment

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.


BobB
Registered user
Another Pleasanton neighborhood
on Mar 31, 2019 at 2:14 pm
BobB, Another Pleasanton neighborhood
Registered user
on Mar 31, 2019 at 2:14 pm
6 people like this

@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.


Pleasanton Parent
Pleasanton Meadows
on Mar 31, 2019 at 5:39 pm
Pleasanton Parent , Pleasanton Meadows
on Mar 31, 2019 at 5:39 pm
1 person likes this

BobB,
Where is your supporting data for that claim.


BobB
Registered user
Another Pleasanton neighborhood
on Mar 31, 2019 at 10:28 pm
BobB, Another Pleasanton neighborhood
Registered user
on Mar 31, 2019 at 10:28 pm
4 people like this

@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.


BobB
Registered user
Another Pleasanton neighborhood
on Mar 31, 2019 at 10:32 pm
BobB, Another Pleasanton neighborhood
Registered user
on Mar 31, 2019 at 10:32 pm
2 people like this

@PP,

Here's one study. There are many more.

Web Link


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