Steinle

Steinle v. City & County of San Francisco

Good Law
230 F. Supp. 3d 994·2017 WL 67064·2017 U.S. Dist. LEXIS 2380
United States District Court, Northern District of CaliforniaJanuary 6, 2017Case No. 16-cv-02859-JCSCalifornia19,537 words

Opinion

Lead Opinion

Spero, J.

ORDER REGARDING MOTIONS TO DISMISS

Re: Dkt. Nos. 21,

I. INTRODUCTION

This action arises from the tragic death . of Kathryn Steinle (“Steinle”) on July 1, 2015. Plaintiffs James Steinle and Elizabeth Sullivan—individually, as heirs to Steinle, and as representatives of Steinle’s estate—bring several claims against Defendants Ross Mirkarimi, the City and County of San Francisco (“San Francisco” or the “City”), and the United States of America, alleging that but for Defendants’ actions and inactions, non-party Juan Francisco Lopez-Sanchez 1 would not have been in a position to obtain a handgun and shoot Steinle. Mirkarimi and the City (collectively, the “City Defendants”) and the United States each move to dismiss all claims against them. The Court held a hearing on December 2, 2016.

*1003 The senseless killing of Ms. Steinle was preceded by a series of actions by various government actors that have been subject to much criticism. The job of the Court, however, is narrow: to determine whether the law permits Plaintiffs to proceed on the legal theories alleged. For the reasons discussed below, the City Defendants’ motion is GRANTED, and the United States’ motion is GRANTED in…

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