Estate of Ronnie Kong v. City of San Diego

Good Law
United States District Court, Southern District of CaliforniaMay 10, 20243:22-cv-01858California2,967 words

Opinion

Trial Court Opinion

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: (1) GRANTING REQUEST TO Plaintiffs,

FILE A SUR-REPLY

14 v. (ECF No. 30) (2) GRANTING MOTIONS TO

CITY OF SAN DIEGO; SAN DIEGO

DISMISS WITH PREJUDICE

POLICE DEPARTMENT; ANDREW (ECF Nos. 23, 26)

CAMPBELL; CHRISTOPHER LUTH;

17 and TONY MARASCHIELLO,

18 Defendants. 19 I. BACKGROUND Plaintiff filed a Complaint listing seven causes of action. The first three causes of action were brought under 42 U.S.C. § 1983 for: (1) excessive force, (2) municipal liability for unconstitutional customs and practices, and (3) interference with familiar integrity/substantive due process. (ECF No. 1.) The original Complaint also listed three counts for state causes of action: (4) assault and battery, (5) wrongful death, and (6) violation of…

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