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Judge lets victims' kin take S.F. to court
San Francisco Chronicle ^ | 9/14/9 | Bob Egelko, Chronicle Staff Writer

Posted on 09/14/2009 1:03:16 PM PDT by SmithL

SAN FRANCISCO -- The family of a father and two sons who were slain in San Francisco last year can go to state court with a claim that the city is to blame for failing to turn their alleged killer over to immigration authorities when he was arrested earlier as a juvenile, a federal judge has ruled.

City Attorney Dennis Herrera had asked U.S. District Judge Susan Illston to rule on the claim herself after dismissing the rest of the suit last month by Tony Bologna's widow and daughter. But Illston said Friday that the remainder of the family's case - that the city's negligence caused the killings - belongs in Superior Court because it is based on state law and challenges San Francisco's policies.

Bologna, 48, and his sons Michael, 20, and Matthew, 16, were shot to death near their home in the Excelsior district in June 2008. Edwin Ramos, 22, is charged with murdering them.

Ramos, a native of El Salvador whom prosecutors describe as a member of the MS-13 gang, was arrested twice as a juvenile, for an assault in October 2003 and an attempted purse-snatching in April 2004. Juvenile courts sent him to a shelter after the first incident and to the city-run Log Cabin Ranch in the Peninsula hills after the second.

Case records don't show whether police or juvenile courts knew that Ramos had entered the United States illegally. But under juvenile authorities' interpretation of the city's sanctuary policy at the time, they would not have passed that information along to federal immigration officials. Federal authorities learned of Ramos' status later but did not take him into custody for deportation proceedings.

The family's lawsuit says the city was responsible for the shootings because its policy allowed Ramos to go free.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Extended News; Government; US: California
KEYWORDS: aliens; amnesty; anotherdeadamerican; elsalvador; illegalaliens; illegals; immigrantlist; justice; ms13; murder; sanfranciscovalues

1 posted on 09/14/2009 1:03:16 PM PDT by SmithL
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To: SmithL
The perp:

Edwin Ramos

2 posted on 09/14/2009 1:05:39 PM PDT by TChris (There is no freedom without the possibility of failure.)
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To: SmithL

The only way to a Liberal’s heart is through his wallet.

If the Bologna’s win a huge lawsuit, the city will have a fiduciary responsiblilty to its residents to change its sanctuary policy.


3 posted on 09/14/2009 1:06:20 PM PDT by wac3rd (Felipe Calderon supports the public option.)
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To: SmithL
If this is a success, and it is a very long shot, it will end the sanctuary city. Nobody is going to risk an open ended unlimited liability for not dropping the dime on an illegal. The whole sanctuary city meme was due to there being considerable political down side from turning them in and absolutely no downside, political or economic, for letting the illegals go.

And before you say they will just let the illegals go, consider all illegals, not just Mexicans. What would happen if the illegal you let go was one of the 9/11 hijackers (remember they had all either entered illegally or had overstayed their visas). Your city could be on the hook for billions of dollars of damages. And the full financial and legal resources of some other city backing the claim.

4 posted on 09/14/2009 1:10:43 PM PDT by GonzoGOP (There are millions of paranoid people in the world, and they are all out to get me.)
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To: SmithL
"after dismissing the rest of the suit last month by Tony Bologna's widow and daughter."

"Tony Baloney?" Why would a mother do that to a son?

5 posted on 09/14/2009 1:14:39 PM PDT by sam_paine (X .................................)
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To: TChris

What a wierd earring.


6 posted on 09/14/2009 1:15:04 PM PDT by sam_paine (X .................................)
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To: sam_paine

Kinda takes the Excelsior out of the Excelsior District, if you know what I’m sayin’.


7 posted on 09/14/2009 1:16:26 PM PDT by Wally_Kalbacken
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To: wac3rd
the city will have a fiduciary responsiblilty to its residents to change its sanctuary policy

Not to mention what will happen to other cities.

There are probably thousands of such cases that could be filed against the city of Los Angeles. It could be a huge Class Action suit: hundreds and hundreds of millions in damages. Billions even....

We'll see if the justice system is up to the task of providing justice for Americans who were hurt because of their government's willful malfeasance.

8 posted on 09/14/2009 1:21:40 PM PDT by Regulator (Welcome to Zimbabwe! Now hand over your property)
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To: SmithL

I would have NO PROBLEM AT ALL with allowing the Army to cordon off the city, emptying it out, and holding the illegal aliens (invaders) and their enablers in city government (traitors, providing aid and comfort to, and adhering to, our enemies).


9 posted on 09/14/2009 1:22:34 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: SmithL

excellent.


10 posted on 09/14/2009 1:30:59 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: sam_paine
What a wierd earring.

LOL!

Nah, that's the angel that sits on his shoulder.

11 posted on 09/14/2009 1:34:04 PM PDT by TChris (There is no freedom without the possibility of failure.)
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To: Regulator

Houston is a sanctuary city. We have lost 2-3 (more?) police officers to illegal aliens. Not to mention the many, many regular civilians raped and murdered by trash like this one in SF.


12 posted on 09/14/2009 1:40:28 PM PDT by Tahoe3002
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To: Tahoe3002
You can bet that a suit like this will get their attention.

That a judge let this suit go forward is huge.

Personally I don't see how Mrs. Bologna can ever be compensated. It was heartbreaking to see her on TV, as she said, "those men were my whole life".

13 posted on 09/14/2009 1:44:33 PM PDT by Regulator (Welcome to Zimbabwe! Now hand over your property)
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To: GonzoGOP

This may be the only way of ending this stuff. Lawsuits seem to be the only thing that wake a person up.


14 posted on 09/14/2009 1:59:23 PM PDT by Niuhuru (The internet is the digital AIDS; adapting and successfully destroying the MSM host.)
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To: Regulator

Think of all the illegal alien drunk driving accidents, etc.


15 posted on 09/14/2009 3:28:45 PM PDT by the anti-liberal
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To: SmithL; gubamyster; rabscuttle385; raybbr; DoughtyOne; wardaddy; SwinneySwitch; blackie; ...

“SAN FRANCISCO — The family of a father and two sons who were slain in San Francisco last year can go to state court with a claim that the city is to blame for failing to turn their alleged killer over to immigration authorities when he was arrested earlier as a juvenile, a federal judge has ruled. “

GOOD!


16 posted on 09/14/2009 6:08:16 PM PDT by AuntB (If the TALIBAN grew drugs & burned our land instead of armed Mexican Cartels would anyone notice?)
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To: SmithL

San Fransicko.


17 posted on 09/15/2009 5:56:32 AM PDT by SwinneySwitch (ObommaNation - beyond your expectations!)
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To: AuntB

Excellent!


18 posted on 09/15/2009 7:57:58 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


19 posted on 09/15/2009 9:52:03 AM PDT by gubamyster
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To: SmithL
Good! I look forward too others.
20 posted on 09/15/2009 9:59:38 AM PDT by Razz Barry (Round'em up, send'em home.)
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To: SmithL

Great news!

Thanks for posting this!


21 posted on 09/15/2009 1:05:09 PM PDT by Eaker (If you have a problem and If explosives are an option then explosives are THE answer.)
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To: SmithL

BUMP


22 posted on 09/17/2009 6:11:50 PM PDT by Dante3
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