Video Surveillance Archives

ILS Team
April 1, 2022

Plaintiff’s Motion for Spoliation Sanction Denied After Finding Defendants Had No Duty to Preserve

In CANADY v. BOSTIC, ET AL., No. 7:17cv00464 (W.D. Virginia, Feb. 23, 2022), before the Court was Plaintiff’s Motion for Spoliation Sanction arising from Defendants’ alleged failure to preserve certain clips of video footage. Plaintiff contended that on June 25, 2015, in the B-2 pod housing area at Keen Mountain Correctional Center (KMCC), another inmate

ILS Team
January 28, 2022

Motion for Reconsideration of Ruling Regarding Insufficient Video Footage Denied

In BIRREN v. ROYAL CARIBBEAN CRUISES, LTD., No. 20-cv-22783-BLOOM/Louis (S.D. Fla. Jan. 10, 2022), before the Court were Plaintiffs’ objections to the Magistrate Judge’s order on CCTV spoliation, and Plaintiffs’ motion for reconsideration of the order. On July 7, 2020, Plaintiffs initiated a maritime personal injury action against Defendant. In discovery, Defendant produced a total

ILS Team
November 9, 2020

Cruise Line’s Alleged Failure To Preserve Video Was No Basis For Spoliation Sanctions

In Reed v Royal Caribbean Cruises, No. 1:2019cv24668 (S.D. Fla. Oct. 2, 2020), Plaintiff moved for spoliation sanctions on the grounds that Defendant failed to preserve videos of an alleged incident during a cruise. Plaintiff was a passenger on a cruise operated by Defendant. According to the complaint, during a Defendant organized dance party, an

ilsteam
September 13, 2019

Failure To Preserve Police Dash Cam Video Results in Sanctions

In Woods v. Scissons, No. CV-17-08038-PCT-GMS (D. Ariz. Aug. 14, 2019), an Arizona Chief District judge granted in part and denied in part Plaintiff’s motion for sanctions for spoliation of video footage of an arrest involving Plaintiff and Defendant, a police officer with the Prescott Police Department. In this case, the Court ruled that non-party

ilsteam
July 10, 2019

Motion For Sanction Denied Where No Prejudiced Shown

In Harvery v. Hall, et al., Civil Action No. 7:17-cv-00113 (W.D. Va April 22, 2019), the Magistrate Judge denied Plaintiff’s Motions for Sanctions for Spoliation on the grounds that, despite a finding of gross negligence on the part of Defendants, Plaintiff failed to demonstrate prejudice from the loss of the ESI. This prison case stems

ilsteam
February 22, 2019

No Spoliation Where Defendant Unintentionally Loses Key Surveillance Video Footage

In Stovall v Brykan Legends, LLC, No. 17-2412-JWL (D. Kan. Feb. 7, 2019), an employment discrimination case, the court denied Plaintiff’s motion for sanctions based on Defendant’s alleged spoliation of surveillance video footage, stating that “[P]laintiff has failed to meet the requirements of Fed. R. Civ. P. 37(e)(2).” The case stems from a 2016 incident

ilsteam
June 27, 2018

Court Grants Partially Grants Spoliation Sanctions for Destroyed Video Footage

In Mizzoni v. Allison (Case No. 3-15-cv-00313-MMD-VPC.) (United States District Court, D. Nevada. May 14, 2018) the United States District Court for the District of Nevada decided on the Plaintiff’s motion for spoliation sanctions against the Defendant. Joseph Mizzoni, the Plaintiff, is an inmate in the custody of the Nevada Department of Corrections. Multiple Nevada

ilsteam
March 7, 2018

In Sanctions Motion Based Upon Spoliation Claim, Plaintiff Claims Defendant Acted with Intent to Deprive Him of ESI

In Hernandez v. Tulare Correctional Center, et al., No. 1:16-cv-00413-EPG, (Dist. Court California, 2018), the Court was called upon to determine a request for sanctions based upon a spoliation claim. Albert Hernandez (“Plaintiff”) alleges that on April 21, 2015, he was pre-trial detainee at Tulare County Correctional Center (“Defendant”). Plaintiff was subjected to a search

ilsteam
March 5, 2018

No Spoliation Sanctions Where Moving Party Offered No Proof of Intent

In Wooden v. Barringer, et al., No. 3:16-cv-446-MCR-GRJ, (N.D. Fla. Nov. 6, 2017), Gregory Wooden (“Plaintiff”) filed a grievance over excessive force against Officer Clyde Barringer (“Defendant”). Plaintiff filed a notice of intent to litigate on April 12, 2016. Defendants produced three video recordings. Plaintiff claimed spoliation, saying the videos had been altered in such

Video Surveillance Archives - ILS