Polley

(PC) Schowachert v. Polley

Good Law
United States District Court, Eastern District of CaliforniaOctober 16, 20241:24-cv-00713California2,644 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Plaintiff initiated this action on June 20, 2024, by filing a civil rights complaint pursuant 24 to 42 U.S.C. § 1983. (Doc. 1). The complaint identifies Defendant as Jail Commander Bill 25 Polley of Tuolumne County. Id. at 1-2. Plaintiff alleges on January 13, 2017, while in a cell in 26 Tuolumne County Jail, he received blunt force trauma to the head, causing a brain aneurism. Id. 27 at 3. As a result, Plaintiff lost his wife, house, kids, and ability to drive, enjoy recreational 28 activities, hike, and fish. Id. As relief, Plaintiff seeks $100,000,000.00 in damages. Id. at 6. In his complaint, Plaintiff identifies a prior lawsuit as “Schowachert v. Bill Polley,” with case number “00975-JLT-HBK,” and which Plaintiff characterizes as dismissed without prejudice. Id. at 2. The Court notes that the full case caption and number of that action is Schowachert v. Sorano, et al., No. 1:21-cv-00975-JLT-HBK. The case was dismissed without prejudice on November 2, 2023, for failure to prosecute and failure to comply with the Court’s order directing Plaintiff to show cause why the action should not have been dismissed for his 8 …

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