Gach v. Lyons et al

Filing 25

ORDER granting Defendant's 21 Motion to Dismiss. All claims against Defendant Douglas are dismissed with prejudice for failure to state a claim. Signed by U.S. District Judge John C. Coughenour. (KRA) (cc: Plaintiff via USPS)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KOANG GACH,

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v.

CASE NO. C24-1285-JCC
Plaintiff,

ORDER

GRANT LYONS, et al.,

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Defendants.

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This matter comes before the Court on Defendant Jamie Douglas’s unopposed motion to

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dismiss (Dkt. No. 21). Having reviewed the motion and the relevant record, the Court finds good

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cause and GRANTS the motion, as further described below.

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The Court described the relevant facts and procedure in a prior order dismissing a

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different defendant, Mr. Grant Lyons. (Dkt. No. 24 at 1.) As with Mr. Lyons’s motion to dismiss,

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the date of the events is again critical. Plaintiff alleges that the pertinent events occurred on May

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7, 2018. (Dkt. No. 9 at 6.) Plaintiff filed his proposed complaint on August 16, 2024, and the

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operative complaint on August 30, 2024. (See generally Dkt. Nos. 1, 9.) Accordingly, Defendant

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Douglas now moves to dismiss under Rule 12(b), arguing Plaintiff’s claims under 42 U.S.C.

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§ 1983 are barred by a three-year statute of limitations. (Dkt. No. 21 at 2–3.) Plaintiff does not

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respond.

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In Washington, a plaintiff has three years to file a § 1983 action from the time the
ORDER
C24-1285-JCC
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plaintiff knew or should have known the factual basis for the claim. See RCW 4.16.080(2);

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Gausvik v. Perez, 392 F.3d 1006, 1009 (9th Cir. 2004); see also Bagley v. CMC Real Est. Corp.,

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923 F.2d 758, 760 (9th Cir. 1991) (applying RCW 4.16.080(2) statute of limitations to a § 1983

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action in Washington). Plaintiff alleges the events here occurred, and therefore his claim began

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accruing, on May 7, 2018. Plaintiff did not file his complaint until more than six years later, well

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outside the statute of limitations.

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Accordingly, Defendant’s motion (Dkt. No. 21) is GRANTED. All claims against

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Defendant Douglas are dismissed with prejudice for failure to state a claim. The Clerk is directed

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to send a copy of this order to Plaintiff.

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DATED this 6th day of March 2025.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C24-1285-JCC
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