Pashuta
Pashuta v. City of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DOUGLAS PASHUTA, Case No.: 3:19-CV-2386-CAB-(BLM)
Plaintiff,
ORDER ON DEFENDANTS’
v. MOTION TO DISMISS
PLAINTIFF’S FIRST AMENDED
CITY OF SAN DIEGO et al.,
COMPLAINT
Defendants. [Doc. No. 11]
17 Pending before the Court is Defendants’ motion to Dismiss Plaintiff’s First 18 Amended Complaint. [Doc. No. 11.] For the reasons set forth below, the motion is
GRANTED IN PART AND DENIED IN PART.
PLAINTIFF’S ALLEGATIONS
21 On April 2, 2019, Pashuta was in the lobby of the Embassy Hotel on Park 22 Boulevard in San Diego. Experiencing a mental crisis, Pashuta believed himself to be 23 invisible and was bathing in the hotel lobby’s drinking fountain. Pashuta was not 24 behaving aggressively or violently in any way. [Doc. No. 9, ¶12.] 25 After the hotel manager called police to report Pashuta’s behavior, Dabbaghian 26 arrived and confronted Pashuta. [Doc. No. 9, ¶13.] 27 28 Dabbaghian demanded Pashuta’s…