Estate of Ronnie Kong v. City of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ESTATE OF RONNIE KONG, by and Case No. 22-cv-1858-BAS-DDL through successor in interest, Touch 12 Kong; TOUCH KONG, an individual, ORDER: 13 Plaintiff, (1) GRANTING DEFENDANTS’ 14 v. PARTIAL MOTION TO DISMISS (ECF No. 7); and

CITY OF SAN DIEGO; SAN DIEGO

POLICE DEPARTMENT; ANDREW (2) GRANTING PLAINTIFF LEAVE

CAMPBELL; CHRISTOPHER LUTH;

TO AMEND

AND TONY MARASCHIELLO,

18 Defendants.

This action arises from a May 2020 police shooting in which Plaintiff Touch Kong’s son, Ronnie Kong, was fatally shot by a team of SWAT officers responding to a 911 call. Plaintiff filed the present action against the City of San Diego (“City”) and the San Diego Police Department (“SDPD” and, together with the City, “Municipal Defendants”), as well as the individual SDPD officers who responded to the scene (“Individual Defendants”).1 Her Complaint alleges several constitutional violations under 42 U.S.C. §…