Borgman
Borgman v. County of Butte
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Michael A. Borgman, No. 2:22-cv-0041 1-KJM-DMC Plaintiff, ORDER v. County of Butte and Butte County Sheriff's Office, Defendants. Plaintiff Michael A. Borgman brings this federal civil rights action with pendent state law 18 claims against Butte County and the Butte County Sheriff's Office. The defendants move to 19 dismiss all claims. Because Borgman does not allege sufficient facts to support his federal claim, the court grants the motion and dismisses the complaint with leave to amend. I. BACKGROUND On March 6, 2021, Michael Borgman was arrested on charges of driving under the 23 influence of alcohol and placed in a holding cell at the Butte County Jail. Compl. 8, ECF No. 1. The holding cell contained other individuals, one of whom was Sherman Silva, who was mentally 25 ill and “openly and obviously agitated, grunting and yelling[.]” /d. 49. When…