Shine

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELANTE SHINE Case No.: 20cv2036-LAB-DEB

Plaintiff,

ORDER:

v. 1) GRANTING IN PART AND OFFICER DILLON FUSTON, et

DENYING IN PART INDIVIDUAL

al., DEFENDANTS’ MOTION TO Defendants. DISMISS AND STRIKE 16 [Dkt. 11]; and 17 2) GRANTING IN PART AND

DENYING IN PART CITY OF

SAN DIEGO’S MOTION TO DISMISS AND STRIKE [Dkt. 10]

In the early hours of December 14, 2019, Plaintiff Elante Shine left a nightclub and was set upon by other nightclub patrons. Shine was beaten, stabbed, and thrown into a storefront window, which broke on impact. Police arrived, detained Shine, questioned him, and ultimately released him after he refused medical treatment. About an hour later, Defendant Officers Dillon Fuston, Andrew Korenkov, and Paul Johnston (collectively, the “Defendant Officers”), the Shine near an ATM a few blocks away. They stopped him in connection with the 2 …