Posted on Jan 9, 2017
Judge: San Francisco can't be sued over death of Kate Steinle who was killed by illegal immigrant...
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Judge: San Francisco can't be sued over death of Kate Steinle who was killed by illegal immigrant...
Posted from foxnews.comPosted in these groups: 
Crime
San Francisco
Crime San Francisco
Posted 8 y ago
Responses: 5
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Why not? If the city has elected to be a sanctuary city and one of those who they are host in that role commits a crime, I would think the city should be held responsible.
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Sgt Wayne Wood
Agreed... or maybe make them a dumping ground for "undocumented Americans" and "unlicensed pharmacists" and "free-market socialists"...
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PO1 Richard Cormier
Capt Gregory Prickett - I am curious how they did NOT violate Federal law? They refused to turn him over to the Federal LEO. I am curious how this will play out. The City/State is partially responsible.
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I see both sides of this argument. I support the family's side though and I sense an appeal coming.
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Sgt Wayne Wood
I see both sides as well... maybe that's why the law has nothing to do with justice...
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Not a lawyer but I think it comes down to mens rea. That being San Fran knowingly created a policy that was intended to harm others. I think this would be difficult if not impossible to prove as there where/are laws in the books that prohibit murder. If they are not culpable then what is the evidence in how they are liable? Anyone ever attacked/killed could sue blaming the municipality for either policing or policy.
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Cpl (Join to see)
The state of Oklahoma made companies who had policies preventing employees from transporting firearms in their vehicles while in company parking lots responsible for their employee's safety to and from work. The Second Amendment gives people the right to bear arms in all cases of self defense. The state of OK, said the company policies made them liable for their employee safety. A state law was passed striking the provision from employee handbooks. Texas passed a similar law a few years later.
I suspect the restrictive gun laws and sanctuary status of SF could be taken to SCOTUS since the Kate Steinle, et. al. families' rights are infringed by state laws that counter the second amendment. The DC v Heller decision is a prime example of state overreach.
If the Steinle family chose not to pursue their Constitutional right to defend themselves prior to Kate's murder, the state is still liable, in my opinion, for allowing a known felon sanctuary status.
Attachment: Scalia's Opinion
https://www.law.cornell.edu/supct/html/07-290.ZO.html
I suspect the restrictive gun laws and sanctuary status of SF could be taken to SCOTUS since the Kate Steinle, et. al. families' rights are infringed by state laws that counter the second amendment. The DC v Heller decision is a prime example of state overreach.
If the Steinle family chose not to pursue their Constitutional right to defend themselves prior to Kate's murder, the state is still liable, in my opinion, for allowing a known felon sanctuary status.
Attachment: Scalia's Opinion
https://www.law.cornell.edu/supct/html/07-290.ZO.html
DISTRICT OF COLUMBIA v. HELLER
NOTICE:This opinion is subject to formal revision before publication in the preliminary print of the United States Reports.Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
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