Asman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Estate of WILLIAM SCHMITZ, No. 2:20-cv-00195-DJC-CKD-PS deceased, by and through THOMAS J.SCHMITZ and DIANE MALLIA, as Successors in Interest; THOMAS ORDER DENYING MOTION FOR SCHMITZ, individually; and DIANNE MALLIA, individually, RECONSIDERATION OF ECF NO. 287 Plaintiffs, v. A.ASMAN, et al., 18 Defendants. 19 20 Thomas J. Schmitz and Diane Mallia are the parents of William Schmitz (“Decedent”), a young man who sadly died while in a California state prison. The parents as Successors in Interest of the Estate of William Schmitz (together, “Plaintiffs”) seek reconsideration of an order that dismissed with prejudice two claims against, amongst others, Defendant Adam Asman. However, even with this new evidence Plaintiffs have failed to plead enough facts to show that Asman disregarded a substantial risk of harm to William Schmitz when Asman saw water flooding from William Schmitz’s cell in the last known verbal interaction with…