SAN FRANCISCO (AP) — The parents of a woman killed by an immigrant who was released from custody despite a federal request that he be held cannot sue San Francisco for negligence over the death that touched off a fierce national debate, a U.S. appeals court ruled. A three-judge panel of the 9th U.S. Circuit Court of Appeals on Monday unanimously refused to reinstate a lawsuit the parents of Kate Steinle filed against San Francisco and its former sheriff, Ross Mirkarimi, in the July 2015 shooting by Jose Inez Garcia-Zarate. FULL STORY CLICK! Good job, California!! Love that "sanctuary state!" Oh, and coincidentally (or not), the 9th Court of Appeals is located in... San Francisco.
It's called 'Sovereign Immunity'. The state, local & federal govs usually cannot be sued for negligence. I believe it is up to the state, etc. to waive it's own immunity to allow such a lawsuit to go through.
True, but although it is hard to do, if it is proven that there is a deliberate negligence tort on the part of the sheriff, the Sovereign Immunity clause shouldn’t hold up if a suit is brought strictly upon him. On the other hand, I believe the state of California and the city of San Francisco is covered and no claims can be brought against a Sovereign Community in a Federal Court. But then, I could be incorrect