Court Quashes Order Compelling Production of Computers Absent Evidence of Spoliation
Menke v. Broward County Sch. Bd., 916 So. 2d 8 (Fla. Dist. Ct. App. 2005)
David Menke (“Menke”) is a high school teacher who was suspended for alleged misconduct. Allegations included claims that he had exchanged sexually-explicit emails with minor students and made derogatory comments about school personnel and operations with students. Menke requested a formal hearing, and in the proceedings the Broward County School Board (the “Board”) sought inspection of Menke’s home computers by its expert in the expert’s laboratory. Menke objected, but the administrative law judge granted the Board’s motion to compel production of the computers. Read More