Wooden v. Barringer » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Wooden v. Barringer

Wooden v. Barringer

Case Date: 11/06/2017
Citation: Wooden v. Barringer, Case No. 3:16–cv–446–MCR–GRJ, 2017 WL 5140518 (N.D. Fla. Nov. 6, 2017)
Court Type: Federal District
Court: Northern District of Florida (N.D. Fla.)
Judge: Federal Magistrate Judge: Gary R. Jones
Rule(s): Rule 37
Issues:

Plaintiff brought a case against a correctional officer for use of excessive force. Plaintiff requested production of multiple surveillance footage videos to show the altercation and ensuing clean-up. Upon realizing that the Defendant correctional officer did not preserve certain video surveillance footage, Plaintiff sought spoliation sanctions against Defendant.

Resolution:

The Court denied Plaintiff’s motion for spoliation sanctions. Plaintiff failed to prove that certain video footage ever existed. Further, Defendant had no duty to preserve surveillance footage such as other inmates cleaning up the scene of the altercation, since he was not in possession or control of the evidence. Even assuming that Defendant had a duty to preserve all of the video footage, Plaintiff failed to show he was prejudiced by the loss of the surveillance footage.

Relevant Documents:

Motion for Spoliation Sanction (Doc. 50)

Response in Opposition to Motion for Sanction (Doc. 52)

Order on Motion for Sanctions (Doc. 56)

 

E-Discovery Issues: Motion for Sanctions
E-discovery Tags: Data Retention, Non-Party Discovery, Possession or Control, Preservation and Collection, Records Retention Policies, Sanctions, Sources of ESI, Spoliation
E-discovery subjects: Surveillance Footage

Published: January 29th, 2018

Category: Uncategorized


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