Brunskill

Brunskill v. Booth

Good Law
United States District Court, Northern District of CaliforniaNovember 3, 20233:23-cv-04077California393 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 DYLAN RICHEY BRUNSKILL, S-072747, Case No. 23-cv-04077-SK (PR)

Plaintiff,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

MARQUIS BOOTH, Sergeant, et al.,

Defendant(s).

Plaintiff, a pretrial detainee at the Santa Cruz County Jail facing probation revocation proceedings and new criminal charges, filed a pro se complaint under 42 U.S.C. § 1983 alleging that, after jail officials transported him to Dominican Hospital on November 22, 2022, they used excessive force against him and, upon his return to the jail, denied him medical care. See ECF No. 1 (Compl.) at 2-3. Plaintiff subsequently filed a request to “formally amend” to add retaliation and legal mail interference claims to his lawsuit. ECF No. 8 (Letter) at 1. Federal Rule of Civil Procedure 15(a)(1) provides a party the right to “amend its pleading once as a matter of course” within “21 days after serving it,” or “if the pleading is one to which a 20 responsive pleading is required, 21…

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