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Suing San Francisco

By Michelle Malkin  •  August 25, 2008 10:43 AM

Widow Daniella Bologna, whose husband and two sons were murdered by an illegal alien sanctuary beneficiary in San Francisco, is fighting back. She needs all the help she can get. I’ve reported on several lawsuits like this one over the past 10 years, and so far government officials have been able to evade accountability.

Let’s hope we get the change the victims of illegal alien sanctuary deserve. The details:

The city of San Francisco is partially responsible for the fatal shooting of a father and his two sons by a gang member who was shielded from deportation by the city’s “extreme” immigration sanctuary policy, the slain family’s attorney said in a claim filed Friday.

Tony Bologna, 48, and his two sons, 20-year-old Michael and 16-year-old Matthew, were gunned down at an intersection in June. Police arrested Edwin Ramos, a native of El Salvador, who they say mistook the Bolognas for rival gang members.

Ramos has been charged with three counts of murder and is awaiting trial. He has pleaded not guilty.
The claim states that the city knew Ramos was a member of Mara Salvatrucha, or MS-13, with a violent past, but failed to report him as required by federal law to Immigration and Customs Enforcement officials.

The claim alleges the city knew Ramos “would likely murder men simply because they appeared to be Latino or African American.”

“When a city is violating federal law and that violation of law leads to horrific consequences like this, then the city has clearly acted in a negligent manner,” said one of the Bologna’s attorneys, Kris Kobach, an immigration law professor at University of Missouri, Kansas City School of Law.

Kobach, who also served as former U.S. Attorney General John Ashcroft’s chief adviser on immigration law and border security, said San Francisco’s “extreme” sanctuary policy for illegal immigrants essentially bars police from contacting federal authorities when they arrest an illegal immigrant.

Ramos, 21, had been arrested as a juvenile for assault and attempted robbery, but was not deported because the city’s juvenile justice system did not report him to federal immigration officials.

Matt Dorsey, a spokesman for City Attorney Dennis Herrera, said the office had not yet reviewed the claim, so would not comment.

Posted in: Sanctuary Cities

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Comments

  1. #1
    On August 25th, 2008 at 10:49 am, guitarplayer said:

    Way to go Mrs. Bologna!! She’s done more to end this stupid sanctuary city nonsence than our federal government has.

    Is there a fund we can contribute to help out?

  2. #2
    On August 25th, 2008 at 10:50 am, Goldwater Knight said:

    I love the smell of napalm in the morning.

  3. #3
    On August 25th, 2008 at 10:51 am, b-cat said:

    Matt Dorsey, a spokesman for City Attorney Dennis Herrera, said the office had not yet reviewed the claim, so would not comment.

    And will continue hiding under his desk until the coast is clear.

  4. #4
    On August 25th, 2008 at 10:52 am, misfit138 said:

    Good! This is exactly what I was talking about the other day. I predict that this will be the case that starts the beginning of the end for sanctuary cities. God bless you, Mrs. Bologna.

  5. #5
    On August 25th, 2008 at 10:52 am, ajmontana said:

    I see an out of court settlement coming to avoid more national scrutiny.
    I hope they take it all the way and get very very large dollars…….

  6. #6
    On August 25th, 2008 at 10:53 am, rjbjrirish said:

    It’s about time!!! Maybe the taxpayers will get tired of paying lawyers more money to defend against these lawsuits than it costs to make a telephone call to ICE!

  7. #7
    On August 25th, 2008 at 10:54 am, Silkyinfamous said:

    Matt Dorsey, a spokesman for City Attorney Dennis Herrera, said the office had not yet reviewed the claim, so would not comment.

    Sure they haven’t. SF see what happens when you do the wrong thing, bad things happen. This ain’t a fairy tale. It’s the death of a father and his 2 sons due to the city’s negligence.

  8. #8
    On August 25th, 2008 at 10:54 am, americangrunthog said:

    A very high price to pay for some justice. Its tragic that in America, a citizen has to resort to a lawsuit to make officials do their fundamental legal duty.

    My only argument with the Iraq war was that we should have sent the troops to take back San Francisco first. Someone has to straighten out these traitors

  9. #9
    On August 25th, 2008 at 10:55 am, b-cat said:

    The claim alleges the city knew Ramos “would likely murder men simply because they appeared to be Latino or African American.”

    And they just let him go. They had him and they let a MS-13 thug loose. This is what passes for law enforcement when the Looneyleft is in charge. Wouldn’t want to hurt his feelings, you understand.

  10. #10
    On August 25th, 2008 at 10:59 am, b-cat said:

    The city should be sued for as much as they can get, then the council-people need to be indicted and sent to jail. Then the attention needs to be directed to every other sanctuary city in the country.

  11. #11
    On August 25th, 2008 at 11:00 am, jrgdds said:

    Godspeed.

  12. #12
    On August 25th, 2008 at 11:01 am, almeehan said:

    I still don’t understand why the feds don’t step in. This is a human rights (the normal citizens) issue and US citizen lives are being placed in danger.

  13. #13
    On August 25th, 2008 at 11:04 am, bloghooligan said:

    i hope ALL victims of criminals who are passed off to the public as redeemed should sue municipalities. maybe this cost benefit analysis will force the building of more jails, as opposed to more “programs” to get to the “root causes” of criminality.

  14. #14
    On August 25th, 2008 at 11:06 am, GaMidnightRider said:

    I pray that she wins this. It will then open up this to others who have been hurt by illegals and the city, county, and states that help them avoid the law. LIKE GA. DOES

  15. #15
    On August 25th, 2008 at 11:06 am, Pat said:

    Kris Kobach is the man to do it, if it can be done.

    Mrs. Bologna is courageous for not back down. She’s a hero!

  16. #16
    On August 25th, 2008 at 11:07 am, CantCureStupid said:

    Good on Mrs. Bologna!! My thoughts and prayers are with her, and if someone sets up a way for people to donate in order to help offset her legal fees, my dollars will be with her as well.

    San Mateo County, as well as other surrounding counties who are forced to suffer because of San Francisco’s derelict and illegal sanctuary policies, need to sue the pants off of them, as well. It’s long past time to fight back against stupidity and corruption.

  17. #17
    On August 25th, 2008 at 11:07 am, stevevvs said:

    Good for her. Why is she not also sueing the Federal Government? These Cities are against Federal Law. What has this administration done to shut them down? ZZZZZZZZZZ

    And a Vote for McCain OR Obama is a vote to continue as is.

    Chuck Baldwin is the only candidate that will enforce the laws, and follow the Constitution.

    But he doesn’t have an “R” on his Jersey, like McCain claims to have.

    Didn’t McCain contemplate running as John Kerry’s VP pick in 04?

  18. #18
    On August 25th, 2008 at 11:08 am, supersean said:

    #5 and I hope the family does not accept any settlement offered by the city. It is time to expose and punish those who drafted, implemented and supported this evil and illegal policy of protecting felons.

  19. #19
    On August 25th, 2008 at 11:15 am, tre said:

    I think Mayor Gavin Newsom should be named in the suit as an accessory. These liberals need to be held accountable for their idiotic decisions.

  20. #20
    On August 25th, 2008 at 11:19 am, Weary Citizen said:

    Good. I hope she bankrupts that city. The nerve of these elitists to not only do it in the first place but to continue the horrible policy after a citizen is the victim of their ignorance. This tragedy was most definitely avoidable. I will bet La Raza could care less about the plight of the Bologna family. The sacrifice of a few Americans is worth the lofty goal of hispanicizing America to la rza and thier ignorant multi-cult liberal supporters. La Raza shold be deemed a racist group and ostracized from America altogether. Anyway, good luck to her. The outcome could very well determine the future of this country.

  21. #21
    On August 25th, 2008 at 11:22 am, Doo2 said:

    Is there a fund set up to help with legal fees? I’m sure the ACLU will be doing a little pro bono work for the city on this one. This is change I can believe in!

  22. #22
    On August 25th, 2008 at 11:29 am, Romeo13 said:

    My big question?

    Where is the US Justice Department?

    Why is this policy NOT a conspiricy to aid and abet Felons?

    Its a FELONY to knowingly harbor fugitives.

    Therefore, this policy is instructing the Police to perpetuate a FELONY… and is by its very nature, a conspiricy to bypass the law.

    Why has the Justice Department been so silent on this?

  23. #23
    On August 25th, 2008 at 11:38 am, Onamesa said:

    I hope she takes it all the way and wins Big.

    The SF Libs obviously don’t care about public opinion {you know,”The end justifies the means”.}BUT, they do care about their money!

    I say kick ‘em where it hurts!

  24. #24
    On August 25th, 2008 at 11:39 am, greenfairie said:

    Hopefully Mrs. Bologna’s attorneys are working pro bono, but if not, let us know if there’s any way we can help.

  25. #25
    On August 25th, 2008 at 11:40 am, NJ-Aviator said:

    The city has 45 days to respond to the wrongful death claim, which is a precursor to a lawsuit.

    The city has seen the clain. Most likely S.O.P. to say nada about it.

    The city council and the mayor went to great lengths to see to it that this evasion policy was put in place. They are clearly culpable in this triple murder.

    In addition to naming the mayor, the suit, should one be filed, should name the members of the council that supported this policy.

  26. #26
    On August 25th, 2008 at 11:50 am, pueblo1032 said:

    Way to go MRS. BOLOGNA… The AMERICAN PEOPLE are in your corner… If she needs any financial support let us know…

  27. #27
    On August 25th, 2008 at 11:51 am, Paul Revere said:

    I’d love to send her some $$$ for her lawsuit. Bleed them dry!

  28. #28
    On August 25th, 2008 at 11:55 am, malkin_fan said:

    RICO RICO RICO RICO RICO

    Sue EVERY sanctuary city using the RICO statute that the Government uses against organized crime.

  29. #29
    On August 25th, 2008 at 12:00 pm, HomeoftheBrave said:

    If I had $$$Millions to offer, I would. This woman will become the rally point for the elimination of this evil, illegal policy by cities and states. I hope she cleans out the city coffers. Those anti-American, marxist politicians have extreme culpability in this case. Mrs. Bologna - don’t accept an out of court settlement!!! You can bring down this whole thing. Anyone who can spare the cash must help her if she needs it!

  30. #30
    On August 25th, 2008 at 12:07 pm, erikwhittington said:

    someone needs to set up a website for this campaign… unless there is one

  31. #31
    On August 25th, 2008 at 12:08 pm, InCali said:

    Protecting citizens is one of the few things the government should be doing, and they most certainly failed here. I hope this gets a lot of news time. Keep us updated, and I’ll definitely contribute to this worthy cause.

  32. #32
    On August 25th, 2008 at 12:23 pm, Christian Soldier said:

    Mayor Gavin N. —Your stance is too little >>> too LATE to do the Bologna family ANY good!!

    Mrs. Bologna—My prayers are with you…

    For Mrs. Bologna’s attorney –Make SF pay and pay and pay…

    After the above win– we taxpayers— should unite and sue SF for careless use of our hard earned $$$$$

  33. #33
    On August 25th, 2008 at 12:42 pm, fred5676 said:

    Sad to say, President Bush and his Attorney General(s) should be added as defendants when a suit is filed (Friday’s action was a claim, as I understand it, a prelude to a suit.) Why hasn’t our federal government enforced the damn law???

    From FAIR:

    Recognizing the adoption of sanctuary policies as a growing impediment to combating the wave of illegal aliens residing in the country, in 1996 Congress barred local ordinances that prohibit employees from providing information on illegal aliens to federal officials.However,Houston, Chicago, Los Angeles, San Diego, and other major cities have sanctuary policies in place.

    Why didn’t the 3 deaths in Newark, NJ, last year, in the SAME CIRCUMSTANCES, result in a lawsuit???

    Note in that instance, the NJ Atty. General changed the policy!.

    For Immediate Release: For Further Information:

    August 22, 2007 David Wald
    609-292-4791

    Office of The Attorney General
    - Anne Milgram, Attorney General

    AG Issues Directive On State And Local Law Enforcement Agencies And Federal Immigration Laws
    Milgram Says Federal Immigration Authorities Should be Notified if Undocumented Immigrants Arrested

    >> AG Directive (325k pdf) plug-in

    Trenton, NJ – Attorney General Anne Milgram today issued a directive to state law enforcement agencies regarding their relationship with federal immigration authorities. Milgram said local police must inquire about immigration status after an officer has arrested an individual on serious criminal charges, and shall notify Immigration Customs Enforcement (“ICE”), the prosecuting agency, and the court if there is a reason to believe that the arrestee may be an undocumented immigrant. …

  34. #34
    On August 25th, 2008 at 12:42 pm, gippergirl said:

    That scum of society should know better than to tangle with a momma bear…

  35. #35
    On August 25th, 2008 at 1:00 pm, Daria said:

    God bless Mrs. Bologna!

  36. #36
    On August 25th, 2008 at 1:02 pm, swmbo said:

    I am so very sorry for her loss. Nothing will bring her husband and sons back but maybe taking the city of SF down will give her some healthy revenge. I also will put my money where my mouth is, just tell us where to send a donation.

    Wake up politicians, you may be bleeding hearts but most citizens, expecially tax payers are NOT.

  37. #37
    On August 25th, 2008 at 1:02 pm, John Ansell said:

    Juan Down, 20 million more to go. This guy was hiding out in plain site. Here in Los Angeles not even using an alias. He killed 19 people and where did he go? Los Angeles. This is how bad it is, folks. Mass murderers fleeing to Los Angeles because they know they are safe from the law.

  38. #38
    On August 25th, 2008 at 1:03 pm, Aubrey said:

    Amen GaMidnight Rider. GA citizens are killed atleast weekly in traffic accidents involving illegals. Rather than being held for vehicular homicide or manslaughter, dui, etc as any US Citizen would be, they are set back on to the streets.

  39. #39
    On August 25th, 2008 at 1:08 pm, John Ansell said:

    Police arrested Edwin Ramos, a native of El Salvador, who they say mistook the Bolognas for rival gang members.

    The short skirt defense. They did the same thing with Jamiel Shaw. They tried to make jamiel Shaw look like he was in a gang and then “he had it coming to him.”

    I hope they break San Fran.

  40. #40
    On August 25th, 2008 at 1:26 pm, VolcanoRodeo said:

    California is behind you, Mrs. B. Keep standing up for those three great guys of yours.

  41. #41
    On August 25th, 2008 at 1:30 pm, rightisright said:

    Where’s the U.S. DOJ? oh, that’s right Bush(pro-illegal alien) is still president. Worthless POS he turned out to be…and the future isn’t looking any better.

  42. #42
    On August 25th, 2008 at 3:09 pm, fred5676 said:

    Bad link - and I couldn’t find the story on their web site just now.

    Let’s hope we get the change the victims of illegal alien sanctuary deserve. The details:

  43. #43
    On August 25th, 2008 at 3:49 pm, Bruce said:

    I would very much like to know why someone with a pair hasn’t brought charges of malfeasance and/or nonfeasence against the mayor of this city of degenerates. He is clearly in violation of the law and his public trust.

  44. #44
    On August 25th, 2008 at 4:35 pm, tgusa said:

    If the city is sued unfortunately the guilty parties, individual civic officers, just pass the buck to the taxpayers. I would also like to see criminal charges preferred against the Mayor and any others involved or complicit in the scam to relocate violent criminals to other districts. Every person in every district should demand that their reps proceed in holding these people accountable. After all, you of your family could be next no mattewr how far you live from Frisco.

  45. #45
    On August 25th, 2008 at 7:02 pm, MNUSMCDavid said:

    tgusa

    you said what I was going type. There must be a way found to criminally charge the mayor and City Council. Civil suits simply cost the tax payers with the guilty parties smirking in their offices.

  46. #46
    On August 25th, 2008 at 7:20 pm, starlightwoman said:

    Best of luck Mrs. Bologna

  47. #47
    On August 25th, 2008 at 7:48 pm, CO2 Producer said:

    What’s to investigate? Did SF officials know he was here illegally? Did they not tell the Feds? Ipso facto, the city bears responsibility. Allow this woman who has lost so much a small bit of justice, and change that damn policy now.

    Good luck, Ms. Bologna. My heart goes out to you.

  48. #48
    On August 25th, 2008 at 8:37 pm, JDinTX said:

    Sue the city and all its officers. Even if the taxpayers are forced to pay for it. They are the numbskulls who put them in office. Maybe they will get tired of paying and vote the idiots out.

  49. #49
    On August 25th, 2008 at 9:39 pm, Bruce said:

    If the city is sued unfortunately the guilty parties, individual civic officers, just pass the buck to the taxpayers. I would also like to see criminal charges preferred against the Mayor and any others involved or complicit in the scam to relocate violent criminals to other districts. Every person in every district should demand that their reps proceed in holding these people accountable. After all, you of your family could be next no mattewr how far you live from Frisco.

    That is exactly what I suggested in the comment just before yours:)

  50. #50
    On August 25th, 2008 at 11:58 pm, martin.musculus(jr.) said:

    Why “wrongful death”?

    I thought that the settled law was that if breaking a lesser law to help a person, such as a misdemenor resulted in a murder, that the helper was as guilty of murder as the perp.

    In this case we have someone setting up a “mafia-style safehouse system”, breaking the law by harboring a fugitive. The fugitive committed a triple murder. Why aren’t the “Don of SF” and his El Capo in the Police and Diversity dept.s also charged w/murder?

    I seem to remember in the late 60s, there were actual cases where that happened, and the people running the syndicate safehouse up to those who ordered the system setup were charged.

    Doesn’t the law apply equally to all?

  51. #51
    On August 26th, 2008 at 12:05 am, Alphonse said:

    Sanctuary cities are as wrong as you can get, but the basic problem is Bush-in-a-Bubble, the King of Spenders, the Coyote-in-Chief. From the top down, Washington is corrupt as far as the eye can see.

  52. #52
    On August 27th, 2008 at 10:29 am, cheapseat said:

    malkin-fan rico is criminal. class action suit naming mayors who are breaking u.s. laws, and the catholic churches who are enabling this nonsense. 600 rounded up in mississippi yesterday, at a plant making electrical transformers, which is of course a job no american would want, and the owners were SHOCKED they were illegal. but the catholic church knew, and the school district knew (government) so the city council knew so the mayor knew. follow the money, and it always leads to the culprits.

  53. #53
    On September 7th, 2008 at 6:40 pm, Rob said:

    sigh

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