Menke v. Broward Cty. Sch. Bd. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Menke v. Broward Cty. Sch. Bd.

Menke v. Broward Cty. Sch. Bd.

Case Date: 09/28/2005
Citation: Menke v. Broward Cty. Sch. Bd., 916 So. 2d 8 (Fla. 4th DCA 2005)
Court Type: District Court of Appeal
Court: Fla. 4th DCA
Judge: Judge: Martha C. Warner
Rule(s): 5th Amendment; Fla. R. Civ. P. 1.280; Fla. R. Civ. P. 1.350
Issues:

Whether the production order of Petitioner’s computers would violate his Fifth Amendment and privacy rights.

Resolution:

The Court granted the petition and quashed the discovery order. The Administrative Law Judge’s discovery order granted unfettered access to Petitioner’s computers without acknowledging Petitioner’s privacy and without acknowledging potentially privileged and confidential information.

Relevant Documents:

Decision

E-Discovery Issues: Admissibility, Discovery Order
E-discovery Tags: Possession or Control, Preservation and Collection, Privacy, Privilege, Sources of ESI
E-discovery subjects: Computer, Email, Hard drive

Published: January 18th, 2018

Category: Uncategorized


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