Tag:Data Preservation

Key Insight: Finding sufficient circumstantial evidence to support plaintiff?s claim of willful or intentional spoliation and sufficient direct evidence that defendants? handling of the relevant surveillance footage was ?at least negligent,? the court declined to order terminating sanctions where plaintiff was ?not at a complete loss? in light of alternative evidence to support his claims, but ordered an adverse inference, the language of which will be addressed at trial

Nature of Case: Violations of state constitutional rights and state tort claims arising from an altercation

Electronic Data Involved: Video surveillance footage

Key Insight: Where police confiscated cell phones from the defendant and a key witness which contained highly relevant and exculpatory messages but failed to preserve them, court reasoned that ?[b]y creating an expectation of preservation [in the mind of the defendant], the State became responsible for ensuring that it occurred? and that its failure to do so deprived the defendant of due process such that dismissal with prejudice was appropriate

Nature of Case: Charges arising from shooting of intruder, allegedly in self defense

Electronic Data Involved: Voice mail and text messages on cell phones

Key Insight: District court upheld denial of sanctions for defendants? failure to preserve emails and other ESI where plaintiffs failed to establish the prejudice resulting from the failure to preserve by presenting nothing more than speculation and by failing to pursue other possible sources of discovery (which the court characterized as ?incongruent with Plaintiff?s claim of prejudice?) and where plaintiffs failed to demonstrate that defendant intentionally destroyed or withheld evidence to suppress the truth

Nature of Case: Claims alleging disparate treatment and impact arising from City’s enforecement of housing codes

Electronic Data Involved: Emails, other ESI

Key Insight: For CFO?s intentional destruction of evidence to defeat litigation despite a duty to preserve, the district court judge adopted the magistrate judge?s recommendation and imposed a $100,000 fine and found that more drastic sanctions were not warranted where the resulting prejudice was mitigated by the availability of all the defendants and other witnesses for questioning

Nature of Case: Tortious interference with business relationships, misappropriation of trade secrets, unfair competition

Electronic Data Involved: Emails

Key Insight: Where plaintiffs? counsel admitted he had been in possession of the videotape of plaintiff?s interview with police following his arrest but that despite a diligent search he could not find it and could offer no explanation for why, court found spoliation sanctions were warranted, noting that the second circuit has recognized ?simple negligence? as a sufficiently culpable state of mind, and ordered an adverse inference; court rejected plaintiff?s argument that defendant should be sanctioned for failing to preserve the original despite plaintiff?s request to do so where plaintiff offered no evidence in support of their claim that defendant ever had control of the tape or played a role in its destruction

Nature of Case: Violation of Fourth Amendment right to be free from false arrest, malicious prosecution, and abuse of process

Electronic Data Involved: Videotape of police interview