San Francisco cannot be held liable for a slaying by a man who was in the country illegally and had been released by sheriff’s officials despite a request by immigration officials to keep him behind bars, a federal judge said.
U.S. Magistrate Judge Joseph Spero dismissed wrongful death claims filed by the family of 32-year-old Kathryn Steinle against the city and Sheriff Ross Mirkarimi. The judge, however, allowed a negligence claim against the federal government to move forward.
Steinle’s shooting death thrust San Francisco into the national debate over immigration
The man charged with murder in the July 2015 slaying, Juan Francisco Lopez-Sanchez, was a repeat drug offender who was transferred to the city jail to face a marijuana sales charge after he completed a federal prison sentence for illegally reentering the country. The district attorney dropped charges, and the sheriff’s department released Lopez-Sanchez three months before Steinle’s death, ignoring a request by U.S. Immigration and Customs Enforcement to keep him behind bars.
San Francisco’s so-called “sanctuary policy” bars city employees from cooperating with federal immigration officials in deportation efforts.
Mirkarimi cited the law in a 2015 memo to deputies that prohibited them from providing certain information to federal immigration authorities, including the date an inmate is released, according to Spero’s ruling. In their lawsuit, Steinle’s family cited a statement by immigration authorities that Lopez-Sanchez would have been deported and Steinle’s death prevented if sheriff’s officials had notified them about his pending release.
Spero said in his ruling on Friday that neither the state nor federal law cited in the lawsuit prevents the sheriff from restricting his deputies’ communications with immigration officials about an inmate’s release date.
Frank Pitre, an attorney for the Steinle family, said he was evaluating the best course forward.
Spero allowed a claim in the lawsuit alleging that a U.S. Bureau of Land Management ranger negligently left the gun used in Steinle’s slaying loaded inside a vehicle in San Francisco, and it was stolen.
Lopez-Sanchez says he found the gun and it fired when he picked it up, striking Steinle in the back. He has pleaded not guilty to a second-degree murder charge.
The Associated Press contributed to this article.
That judge should be removed from the bench for failure to serve on good behavior.!
Why not go after these fucks ,that’s protecting them, they can commit murder on our country, then we can to,why not there not legal people ?
Get rid of this clown judge!!
Yes he should be
Yes he should be removed along with all illegal immigrants who are breaking a federal law. It is so sad that their breaking of a law allows them to stay in the USA whereas if a citizen breaks a law they must pay andi oftentimes dearly. Sanctuary cities should be not allowed. Yes many of our forebears were immigrants, however they came here through legal channels at the time. There was a time that borders didn’t really matter and people crossed them all the time. That is not the present day way of doing things, that is was we have immigration laws. We either abide by these laws or toss them out and anything goes. The career politicians need to begin to think for the betterment of the the people they were elected represent rather than for themselves or the big businesses that keep them in office and their luxuries The Sanctuary Cities need to once again recognize that we are one nation and not a world nation. The local government who have put that into place need to be replaced..
Not ONLY is San Fran GUILTY – but this judge is GUILTY also……So was the judge that ruled CA’s prop 187 unconstitutional because HE’s as queer as a three dollar bill – Failed to recuse himself didn’t he…..and CA wonders why everybody’s leaving or dumping their trash there…..
Sanctuary City —– Your as GUILTY as Guilty can be…….
Yes, hopefully someone in the Trump administration can take a close look at this Judge Spero.
I’d love to meet that scumbag bastard judge
Can you be more specific?
That retarded JUDGE SHOULD GO TO JAIL FOR NOT DOING THE RIGHT THING. But he has to be a demoKKKrat and with all the smoke from all of the cross burnings did it to him.
DO NOT DEMEAN THE KKK, BY THIS JUDGES WRONGFUL ACTIONS. IF HE HAD HELD THE CITY RESPONSIBLE THE SANCTUARY STATUS WAS OUT THE WINDOW.
It’s a shame that eliminating sanctuary cities has to wait until Jan 20th. California common sense has gone bye-bye. They tried to charge the person who exposed planned parenthood. They have ok’d an expensive sex change operation for an incarcerated murderer. Since when does a murder have any rights of this nature? What about his victim who will never have any rights again? This is an elective surgery and treatment not life saving. So California taxpayers, you like that? Did it help you pay your mortgage when you heard about a near 100,000 price tag? Thank all your judges and politicians for a job well done. They have made California a laughing stock. Job well done liberals!!
YOU LEFT OUT THE FACT THAT THEY CAN NOT PAY THEIR BILLS AND WILL HAVE TO BE BAILED OUT BY THOSE THAT CAN.
It just goes to show you ILLEGAL CRIMINAL IMMIGRANTS have more rights and privileges than an American citizen in the good ol’ USofA.Even if said criminal murders an American citizen,said criminal has rights but victim is dead-no coming back from that-and victim had no rights and still does not.Now what are government officials going to do?Send him to prison so tax payers can provide housing,food and top notch medical care for him while tax payers do w/o even basic medical care(obamacare you say,I laugh in your face!!!)Our elected officials are destroying our country and taking away rights of American citizens to make life better for criminal illegal immigrants at tax payer expense.Also,the lovely little “sanctuary cities” need walls built around them,all federal funding cut off and let’s see how long they survive w/ their precious illegal immigrants.And make their elected officials live along side of them…
The city of San Francisco should be sued! When your mayor & police chief say they will always be a sanctuary city you took on the responsibility of what your illegals do. You should have followed the law and turned him in and any more who think they have more rights than American citizens. We are the UNITED States not the DIVIDED States. Cut the Federal money to the entire state!
No tax dollars should be used to pay for any illegals!
How about bus fare to mexico?
San Francisco has no funds to the gov paying for almost and California is broke due to liberals and they take care of aliens not americans
San Francisco has no funds to the gov paying for almost and California is broke due to liberals and they take care of aliens not americans
This is another example of how this state is being ruined by liberal democrat thinking murderers are harbored,a pension fund that is billions in the red,extremely high taxes,a welfare system that encourages making babies and laziness,drivers license for illegals and jobs for illegals Oh but we have to be fare is their crutch,we’ll look where we are companies are leaving,one regulation after another we need change now
recall!!!! but liberals own Mexifornia so good luck, heck maybe conservatives can all get bused into mexifornia to help with that vote, liberal do it so why can’t we???
This is just plain stupid and so unfair to the victim and her family .This judge needs to loose his job.
How about the police officer in the Brown case in Mo??? Even obozo AG and legal boys couldn’t fine anything wrong with what that officer did, yet he lost his, job, career, and now has that stigma attached to him, where is the justice there??? Why isn’t Brown’s family being sued for slander, racial bias, or blacklivesmatters for the same??? Hopefully Trumps AG will address these liberal judges and find a way to relieve them of their duties.
I am a Canadian with a suggestion. Having just read the discertation above, a thought on the many illegal immigrants and their fate got me thinking. To start, nothing in this world will eliminate violent and discriminatory crimes. Human nature is complicated and unpredictable. Laws are put in force to protect the masses from all crimes and must be enforced.
My suggestion for the major illegal immigrant problem that could save face for everyone and contribute to a realistic solution. It is quite simplistic, but a base for a beginning.
This would apply to all illegal immigrants except those with criminal records. They must go. Just don’t send them north.
To start with, all illegal immigrants must be identified, without prejudice. Those with less than two years USA residence will be placed in a category that subjects them to deportation. They will be qualified by a bi-partisan committee.
All others will detail their reasons for remaining and their work history. In order for them to stay and work toward citizenship, they must find an unpaid Sponsor that will act like a parole officer on their behalf and will submit thorough and timely reports to the proper authorities on a tinely bases. These sponsors will accept responsibility for those they sponsor.
Many safeguards can be added, but it puts the responsibility on the vocal “Liberal” citizens to support a program that may clean-up your immigration issues.
Just a thought.
You are 100% WRONG about letting them stay an work on their citizenship. They ALL need to go with the door hitting them very hard in the ass. Then tell them if they want to come back it will be the legal way. ONLY. GET THE HELL IN LINE like all the rest that comes here legally.
NO WELFARE FOR ANY OF THEY NO WAY !!! I have a neighbor that is in very bad health. He has worked all of his life. He has been turned down for his SS. I know there are a lot more people like him that has been turned down. That crap just burns a hole in me. Take care of OUR naturally born CITIZENS. In no way at all EVER take care of illegal ones but put them all in jail for 10 years an tell them they come back it will cost you 50 years at HARD LABOR.
We Don’t Need a Stupid Canadian to Tell us how. We Americans Arrest, Prosecute, inprison, Illegal Aleins! We Should Never let Illegal Aliens, to become American Citizens, as they Broken our Laws In comming to America. By Breaking our
Laws, they have Become Criminals. If, we need immigrants, We should have the Best, & Brightest, that meets a
Certain Need for America’s National security.
My plan was along that line but went deeper those here over 15-20 with a permanent job stay without having to go back but must pay a one time $5000 dollar fine per family(immediate family, wife, kids only) bread winner must return to mexico for three days after receiving papers and reenter the US legally. Those here 10-15 years basically the same thing, $5000 fine, but family must go back and come through legally after papers are received. Those here 5-10 years family has to go back to mexico during processing of paperwork, but bread winner can stay to maintain his/her employment again one time fine $5000 per immediate family. Those here less than 5 years family must return to mexico immediately, bread winner can stay to complete paperwork but must return to mexico prior to receiving papers and legally enter US once paperwork is complete. Paperwork applications and reviews by above criteria. special acceptions upon review. Those not complying with above mandate, immediate expulsions with lifetime ban, prison if caught re-entering illegally.
WHO WOULD BE RESPONSIBLE FOR THE ACTION OF ILLEGALS ??? OH THATS RIGHT FLAMING LIBERALS,BUT WATCH THEM CRY WHEN THEY HAVE TO PAY FOR CRIMES THAT THEIR ILLEGALS COMMIT.
What do politicians NOT know about illegal? Illegal is illegal is illegal. No legal remedy for illegal except deportation. To convey rights upon illegal aliens is to deny rights to those of us who were born here or those who followed game rules to gain citizenship. Wrong is wrong, even when the wrong is perpetrated by the legal system. #WeThePeople must reign in those we have trusted to uphold our Constitution. The rest must be stopped … in whatever fashion is codified in law … including ARMED INSURRECTION! The “pot” is boiling?
lets take away ALL federal aid from sanctuary cities if they won’t assist federal agents keep AMERICANS safe. Let see how liberal Hollywood handles that as I sure Ms Streep seeing she’s so relevent these days in movies etc and all those liberal actors and actresses will all stand up and use their money to fund housing, feeding and arming illegals . lol yeah right.
Today is a sad day for California and their voting constituents.
This article will substantiate as to how radical and a majority of un-American voters in the State of California, their Judiciary, and U.S. Magistrate Judge Joseph Spero have forgotten, abused, and damaged our US Constitution.
Lawful immigration is appreciated
Some members of the Judiciary seem to have forgotten that we live in a Republic, which means we are governed not by the vote of the masses, but rather by the properly enacted laws of the appropriate legislatures. I would think that failure to follow Federal Law would disqualify the subordinate political entity of receipt of any funds provided by the Federal Government. But no one at the Federal level is willing to take action.
trust a liberal judge to side with SF and then allow a case against the feds, in CA he will have job security until he retires or gets removed from the bench for senility!
Is this judge’s name actually Pelosi or Clinton thinking its my idea till it doesn’t work then its conveniently everyone else’s fault he is a shameful waste that should be removed from the bench and disbarred
Illegals ? These people are invaders and as such should be repelled by any and all means. They take jobs that belong to others, that is stealing. They receive healthcare, housing, food, education etc. at taxpayers expense.Again this is stealing funds that are for needy citizens. Call it humanitarian aid, call it whatever you want, its still STEALING. Deportation is the correct response..If they return internment in WWII type POW facilities with basic housing and ability to grow produce for their own consumption, perhaps even grow some meat animals.For the violent, incarceration is the only answer. No luxuries i.e. T.V.., No citizenship for offspring. Only those legally residing in the United States Should have that privilege. I believe most would prefer to return to their native land where they could move about freely with no restraints.