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Judge Lets Victims’ Kin Sue S.F. Over Sanctuary

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Bob Egelko, San Francisco Chronicle, September 15, 2009

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.

{snip}

Herrera’s office urged Illston to address the negligence claim as well, arguing that it was governed by the same legal standard: a requirement that the plaintiffs show city officials knew the Bolognas were in danger and had a duty to protect them.

But Matthew Davis, the family’s lawyer, said Monday that California law makes it easier to hold government officials accountable for allegedly harboring illegal immigrants or preventing police from reporting them to federal authorities.

[Editor’s Note: Earlier stories on the Bologna murders are listed here.]

Original article

Email Bob Egelko at begelko@sfchronicle.com.

(Posted on September 15, 2009)

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Comments

1 — ER wrote at 6:05 PM on September 15:

California is a white minority state, whites have to accept it, this is what they wanted.

2 — Jeddermann wrote at 6:48 PM on September 15:

This is exactly what the family needs to do in this case. This is an egregious case whee the city of SF helped established a climate that led to the crime being committed. This savage that killed the father and his two sons was already a known violent offender and the city of SF did not initiate proceedings to deport, but rather coddled the villain.

Sue in civil court and win an enormous settlement. Surely there are plenty of pro bono lawyers that are committed to justice that would work on this case.

Bankrupt the city of SF, and perhaps go after those personally that set the policy that allowed the villain to remain in the city even after it was known he was an illegal, a violent person, gangbanger, etc.

Do this repeatedly across the entire nation and maybe someone will sit up and take notice.

3 — Madiso Grant wrote at 7:02 PM on September 15:

Hopefully this tragedy will end the career of SF Mayor Gavin Nuisance.

4 — Peejay in Frisco wrote at 7:11 PM on September 15:

I just hope that a tens of millions verdict is reached before the next election that Kamala alien thug lover Harris will be in. She will not seek the death penalty for the triple killer.I will do what I can to help her republican opponent.I am a registered democrat.

5 — ice wrote at 7:30 PM on September 15:

“Family of murder victims can sue the city.”

Finally, somebody got up off the couch long enough to do what should be done in every city in America. I think they’ve got an excellent case, and they just might get an out-of-court settlement if their case is weak.

Maybe white people ARE beginning to wake up, because I viewed all the photos on WND of past crowds in DC and the tea party crowd looked to me to be the largest. What is your opinion?

I believe Michelle Malking, however, might have the best educated estimate at 1.2 million, although I still have to say it looks larger than that to me. It’s certainly 100’s of thousands larger than the pitiful estimate of 75,000 that the media wants people to believe.

I know these people are not white nationalists, but is anyone on here perceptive enough to understand that white unity is only the first step in race realism? That’s why the radical left is getting hysterical and wringing their hands with worry.

6 — Anonymous wrote at 8:07 PM on September 15:

It sure isn’t what me and my family wanted ER. That goes for alot of Whites in California. It is OUR government who has done this and it is happening in EVERY state! WE have no say whatsoever in who can come into our state and neither do you.

7 — DiMaggio wrote at 9:36 PM on September 15:

“I know these people are not white nationalists, but is anyone on here perceptive enough to understand that white unity is only the first step in race realism”

But they are getting closer and closer. The garden-variety, suburban, Republican voters who went to DC on 9/12 are being called “RACIST” by their Congress, their President, a former President (albiet the worst one up until 2008), and every Media outlet in the country. These are the people who still think Martin Luther the King was a “great American”, and still cling to the idiotic dream of a colorblind society. All they are getting for their good feelings is roughed up, and if you pay attention, you can feel the tide turning. People I have never discussed race with are turning to me and saying “What’s wrong here?” “Why should we put up with this?” Pay attention to what your friends are saying, and take the time to educate them over. Link them to the truth about MLK, and his communist associates. Get them to read “The Color of Crime” and pay attention to who is killing whom and who is raping whom in this country.

This lawsuit could be an absolute death blow to the illegal invasion lobby. This suit could turn the tide in California and the rest of the country. If we can hold elected officials accountable when the aid and abet criminals, we will win. Let’s wish them well and help out if we can.

8 — Bon, Tax Slave of the NWO wrote at 12:02 AM on September 16:

“…California is a white minority state, whites have to accept it, this is what they wanted…”

I did not want this, nor did any other White I know. I don’t know of one single White, outside of the hostile elites in government, media and academia (the ones that live in guarded communities behind iron gates and send their precious children to exclusive private schools) that wanted to see the Golden State turned into a wretched Third World sewer peopled by foreign, White-hating multi-generational welfare parasites.

I no longer hear English routinely spoken—I am as likely to hear Spanish, Tagalong, Armenian, Russian, Farsi or any other language other than English.

Insurance Commissioner Steve Poizner states that 3,000 taxpayers (read productive Whites) leave the state every single day.

The powerful hostile elites control a government that I did not elect, promoted by a White-hating media that scorns my values, backed up by an academia that declares ‘Diversity is our Strength!’ and teaches that the best outcome for Whites is total extinction.

Their goal is White race replacement. Whites are to hand over their land, wealth, infrastructure—everything they’ve created, earned, worked for—to undeserving non-Whites. Better to have Whites as a small, voiceless, suppressed, destitute minority lest they organize a Fourth Reich.

Not bowing to the PC masters or complaining about your own race replacement exacts a heavy toll: loss of one’s career, reputation and wealth.

Better to move out than have your and your loved ones’ lives destroyed. But from what I read on this site, what California has been experiencing for the past 40 years is now spreading everywhere.

Will you be able to stop it?

Bon

9 — Anonymous wrote at 2:12 AM on September 16:

ER, whenever someone complains about all the Californians moving to their state and ruining it, it is fair to ask them, “How did YOUR congressman vote on immigration?” All these White liberal strongholds deserve to be overrun, not with foreigners, but with racially aware Whites, filling their boutique downtowns with gun stores and their streets with tea parties.

10 — Ryan Chaserian wrote at 2:56 AM on September 16:

It isn’t what the people of California wanted, ER. Every time they have been able to put an initiative on the ballot relating to race or illegals - making English the state language, cutting all but emergency services to illegals, eliminating bilingual education, eliminating race preferences in contracting - the people have spoken clearly that they don’t like what’s happening. there is no political will to enforce the laws, a powerful Latino political caucus that pushes nothing but higher taxes and farm worker/illegal bills, and a federal government that refuses to secure the border to any degree.

Outside of some uber richies who are insulated from the day-to-day effects of the Mexodus, and a few crazed a liberals who say it’s racist to think such a thing (but they have all-white social circles and neighborhoods) every white Californian I know detests the Mexicanization of our state.

11 — Anonymous wrote at 11:02 PM on September 16:

Agree woth No.6 above: It is the negligence of US government and not native born Americans who precipitated this invasion of CA and the nation. It is what the UN wants and what the minority groups want and what religious groups want. They believe diversity (legal or illegal) will help the overly exaggerated race issue dilute itself. Instead it is destroying the national culture and integrity. The Department of Edu advances this thinking through public schools, rapid reproduction of dumbed down generations. It will be easy to overthrow US because foreign borns do not have Amercian identity. This is exactly what the Global Federal Economy Government wants. SUE SUE Sue. It is the goal of progressives to bankrupt(exhaust) the system. V

12 — Bobby wrote at 6:21 PM on September 17:

This had better be the mother of all lawsuits, because what these liberals have done in San Francisco, is nothing short of facilitating the murder of its residents. These progressives in San Francisco are cold, uncaring, and truly communist type personalities, dedicated more to their ideology than to the welfare and safety of U.S. citizens.


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