But this is far from over...
The family of a father and two sons who were gunned down on a San Francisco street last year has failed to convince a federal judge that the city violated the victims' constitutional rights by shielding their alleged murderer from deportation.
But a lawyer for Tony Bologna's widow and daughter said he'll return to a state court with claims that San Francisco acted negligently by not notifying federal authorities of Edwin Ramos' immigration status when police arrested him in separate incidents in 2003 and 2004.
The city's lawyer said he'll seek dismissal of those claims as well.
Bologna, 48, and his sons Michael, 20, and Matthew, 16, were shot to death near their home in the Excelsior district in June 2008. Ramos, 22, is charged with murdering them.
Ramos, a native of El Salvador whom prosecutors describe as a gang member, was arrested twice as a juvenile, for an assault on a Muni passenger 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 after the second.
Case records don't show whether police or juvenile courts knew at the time that Ramos had entered the United States illegally. But under juvenile justice authorities' interpretation of the city's sanctuary policy, they would not have passed along such information to federal immigration authorities.
Federal officials learned of Ramos' status later, after he applied unsuccessfully for legal residency. They did not take him into custody for deportation proceedings, however, and his application for residency, based on his marriage to a U.S. citizen, was pending in 2008 when the Bolognas were killed.
The family's lawsuit says the city was responsible for the shootings because its policy - which the suit claims violated both state and federal law - allowed Ramos to go free rather than be deported.
In a ruling this week, U.S. District Judge Susan Illston dismissed the family's claim that the city's actions violated the victims' constitutional right to due process of law.
Illston said a government agency that exposes someone to a "known or obvious danger" can be held responsible for the harm that follows.
San Francisco might be held to account, she said, if there was evidence that it knew Ramos posed a danger to the Bolognas. But Illston said the family's suit claimed only that Ramos' release endangered the entire city, or all black and Latino residents who were presumed to be the targets of his gang.
"Due process claims simply do not stretch so far," she said.
Illston did not rule on the family's claims that the city's negligence had caused the Bolognas' deaths, and said she planned to return those claims to San Francisco Superior Court, where the suit was originally filed.
Matthew Davis, the family's lawyer, said Illston's ruling was procedural and did not affect the negligence claims, which he considers the strongest part of the case.
Deputy City Attorney Scott Wiener said the city would ask Illston to rule on those claims as well, but is prepared to defend against them in either court.
"Edwin Ramos murdered these victims and he is being prosecuted for that," Wiener said. "That doesn't mean that the city is liable for that act of violence."
We should feel lucky that the City has found it within their cold, black hearts to even prosecute this case at all!
Scott Weiner (who is running for Supervisor of District 8 - the Mission - in 2010) is well suited for being the City's apologist, being a committee member of the extreme left SFDCCC - which famously passed a resolution calling on the City to continue to shield illegal alien felons! Fucking BENDERS!
To be fair, Weiner did abstain from the vote (it passed 20-1 with 5 abstentions) and tried to slightly water it down, with no luck.
The SFDCCC is considered - even by San Francisco liberals - to be an ideologically extreme leftist entity. Here's just some of the bullshit spewed by the committee's various dipshits in a Fog City Journal (a leftist website) article about the rez...
Robert Haaland - District 5 losing candidate, SEIU "organizer" and complete asshole - had the following drivel to spew...
Robert Haaland, who represents thousands of unionized immigrants in the Bay Area, blamed the former Bush administration for the persecution of undocumented immigrants.
“After eight years of George Bush and eight years of ICE raids and eight years of immigrants being treated like criminals, it has affected our consciousness and our rhetoric and how we think about immigration policy in San Francisco,” Haaland said.
Haaland also blamed the San Francisco Chronicle for “manufacturing a crisis” following the shooting deaths of three family members in the Excelsior by an undocumented immigrant in June 2008. He said the Chronicle reports’ “scapegoated and distorted and played on peoples’ fears around public safety in order to push us to change our policy around immigrant youth.”
“Their efforts, I’m sorry to say, were successful,” Haaland said, adding that he is “ashamed” that undocumented immigrants are now being deported “on the spot without any kind of due process.”
"Manufacturing a crisis?!?" FUCK YOU ROBERT! FUCK YOU AND YOUR WORTHLESS OPINIONS. I AM SORRY YOU FEEL YOU HAVE TO MAKE THE WORLD PAY FOR YOUR PERSONAL BITTERNESS AND CONTEMPT FOR SOCIETY, BUT FUCK YOU!
Supervisor Chris Daly - another unmitigated asshole - chimed in with his own political vomit...
Supervisor Daly echoed Haaland’s comments, saying the San Francisco Chronicle used the Bologna family shooting tragedy to “whip up anti-immigrant hysteria,” adding that when law-abiding undocumented immigrants are deported to their home countries, they often return with no family connections or support for reintegration.
Here's the Resolution in its entirety, authored by Debra Walker (yet another ultra-left batshit "progressive" looking to become Supervisor of District 6 in 2010)...
Whereas, San Francisco has had a Sanctuary Ordinance since 1989, standing proud in encouraging diversity, welcoming full participation in all that our country and our city offers and supporting community policing by increasing trust between immigrant residents and law enforcement, and
Whereas, even as President Obama has taken huge steps in closing horrific institutions like Guantanamo– citing severe violations of due process and, even as our prison system is being taken to task for mistreatment of inmates, it is clear that San Francisco is instead choosing to encourage such due process violations and racial profiling by reportedly engaging in stopping, questioning and confiscating valid identification cards and vehicles in sections of town with high immigrant populations and referring youth suspected of being undocumented to federal immigration enforcement at the booking stage, prior to receiving a hearing; and,
Whereas, the United States Constitution clearly delineates that we as a country shall not “deny to ANY person within it’s jurisdiction the EQUAL protection of the law” because the effect of taking the rights from ANY of us steps on the rights of us all,
Therefore let it be resolved that the San Francisco Democratic Party takes a recommitted position in support of our constitution and our city’s sanctuary position for all,
And be it further resolved that we demand that the mayor redirect law enforcement efforts away from criminalizing the immigrant community and restore our pledge to uphold constitutional due process laws and our commitment to constitutional rights to all.
...And here's Weiner's amendment... voted down on a 19-5 vote....
Whereas, San Francisco has long stood as a sanctuary city, standing proud in encouraging diversity, and welcoming full participation in all that our country and our City offers,
Whereas, immigrants in San Francisco have long contributed to the City’s economic and cultural vibrancy,
And whereas, San Francisco’s sanctuary policy should protect immigrants from being separated from their families and communities through deportation, while also protecting public safety by ensuring that persons who commit violent felonies cannot take advantage of the sanctuary policy,
Therefore be it resolved that the San Francisco Democratic Party takes a recommitted position in support of our constitution and our city’s sanctuary position for immigrants,
And be it further resolved that the San Francisco Democratic Party supports continuation of the sanctuary policy without extending the protection of that policy to persons who commit violent felonies.
I repeat... FUCKING TRAITORS!
The SFDCCC has become something of a "Gay Gestapo" and - as Tammy Bruce so eloquently put it in her book "The Death of Right and Wrong" - this is what happens when you put a bunch of psychologically damaged people together and put them in positions of power... they take out their anger, frustration, and bitterness on everyone around them, and seek to bring the world down to their level, so that, at last, they can be "normal..."
Or, at least, no more fucked up than anyone else.
read the charges:
Danielle Bologna et al v. City of San Francisco (html) (pdf)