Wilder v. Rockdale Cnty., No. 1:13?CV?2715?RWS, 2015 WL 1724596 (N.D. Ga. April 15, 2015)

Key Insight: Where defendants downloaded some, but not all available video within three days of incident and video-recording system programmed by third-party vendor automatically overwrote old video after thirty days, court found that defendants did not destroy evidence in bad faith and plaintiff was not extremely prejudiced and, therefore, not entitled to spoliation sanctions. Court also reviewed the record related to missing documents and said that defendants had diligently searched for the documents and concluded, ?Apparently, Defendants do not have these documents, and there is no evidence of bad faith or spoliation of evidence. Because Defendants are only required to produce what they have, the Court cannot compel Defendants to produce these documents.?

Nature of Case: Wrongful Death

Electronic Data Involved: Surveillance Video; Documents