Thread: Victims' family loses round in sanctuary suit

Victims' family loses round in sanctuary suit
Bob Egelko, Chronicle Staff Writer

Saturday, August 15, 2009


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(08-14) 18:06 PDT SAN FRANCISCO -- 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."

www.sfgate.com

Watch the Judges do their favors....

"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."

No, the city may not have directly aided and abetted in those murders, but as far as liability, they are responsible as they have aided and abetted an illegal juvie offender to stay in this country, so he was able to murder this family.
And from what I read here months ago, some of these sanctuary cities send these offenders to places outside the community, without informing the recipient community of their crimes or their legal status.

Deport the entire family units! When an immigrant kills their associates and family members should be E-Verified.

Anyone supprised that Susan Yvonne Illston was nominated by President Bill Clinton?

Dixie

What has she been nominated for?

http://www.supremelaw.org/rsrc/commissi ... ficate.htm

Via First Class U.S. Mail

July 25, 2005 A.D.
NOTICE AND DEMAND FOR
EXHIBITION OF CERTIFICATE
Susan Yvonne Illston

450 Golden Gate Avenue, 16th Floor

San Francisco 94102

CALIFORNIA, USA

Subject: Sections 6002, 6067-6068, 6126-6128

California Business and Professions Code

Greetings Susan Yvonne Illston:

We specifically deny that you were ever a member, in good standing, of the State Bar of California. See attached and Section 6002 supra.

NOTICE

Section 6067 of the California Business and Professions Code reads as follows:

Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license.

DEMAND

Formal DEMAND is hereby made of you to deliver a certified copy of said certificate of oath to the mailing location shown below, no later than 5:00 p.m. on Friday, August 26, 2005 A.D. (approximately thirty (30) days hence).


Failure to perform will give us probable cause to charge you with violating Sections 6126 and 6128 of the California Business and Professions Code (both misdemeanors). See also 4 U.S.C. 101 in pari materia with the Article VI, Clause 3 and the Supremacy Clause (Constitution, Laws and Treaties of the United States are all supreme Law of the Land).


Sincerely yours,

/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, Criminal Investigator and

Federal Witness: 18 U.S.C. 1510, 1512-13, 1964(a)

http://www.supremelaw.org/decs/agency/p ... eneral.htm


All Rights Reserved without Prejudice

U.S. Mail:

c/o Forwarding Agent

501 W. Broadway #A332

San Diego 92101

CALIFORNIA, USA