Swofford v. Eslinger » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Swofford v. Eslinger

Swofford v. Eslinger

Case Date: 09/28/2009
Citation: Swofford v. Eslinger, 671 F. Supp. 2d 1274 (M.D. Fla. 2009)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal District Judge: Mary S. Scriven

§ 1983 claim for use of excessive force and unlawful entry. Plaintiffs moved for spoliation sanctions, alleging Defendants did not properly preserve evidence.


Motion for Spoliation Sanctions granted due to Defendants’ bad faith. The Court issued an adverse inference instruction for the destruction of emails against all Defendants, and a rebuttable presumption in favor of Plaintiffs that the missing deputies’ radios would yield adverse evidence. Additionally, the Court issued an adverse inference instruction against Defendant Remus and Defendant Eslinger for the destruction of Remus’ laptop.

Relevant Documents:

Motion for Sanctions (Doc. 44) 

Response in Opposition to Motion for Spoliation of Evidence (Doc. 46) 

Response in Opposition to Motion for Sanctions (Doc. 50) 

Reply in Support of Motion for Sanctions (Doc. 55) 

Order (Doc. 273) 

E-Discovery Issues: Adverse Inference, Litigation Hold, Motion for Sanctions
E-discovery Tags: Preservation and Collection, Sanctions, Spoliation
E-discovery subjects: Computer, Email

Published: December 19th, 2017

Category: Uncategorized

Comments are closed.