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- A federal agent might have been negligent in leaving his loaded gun in his car, the Ninth Circuit says, but that doesn't mean he was the proximate cause of death when the gun was stolen and then subsequently used in an unrelated shooting.
"The panel affirmed the district court's summary judgment on the ground that the ranger's conduct was not the proximate cause of Ms. Steinle's death. Applying California law..."
"The panel did not reach the question whether the ranger owed a duty of care to Ms. Steinle."
The theft, breaking into the car, was 4 days prior to the shooting.
"In sum, we conclude that Woychowski's storage of the pistol was too tenuously connected to Ms. Steinle's death for the proximate cause element to be satisfied. AFFIRMED."
JAMES STEINLE, individually and as heir to Kathryn Steinle, deceased; ELIZABETH SULLIVAN, individually and as heir to Kathryn Steinle, deceased
CITY AND COUNTY OF SAN FRANCISCO, a government entity; JUAN FRANCISCO LOPEZSANCHEZ; ROSS MIRKARIMI, Defendants.