In Somers v. Digital Realty Trust Inc., Case No. 14-cv-05180-EMC(KAW), N.D. Cal. July 11, 2017, the court concluded that the parties were “incapable of meeting and conferring” and instead decided a number of discovery disputes for the parties. One such dispute concerned electronic files that Plaintiff made available to Defendants via Dropbox. Plaintiff’s due date
Video Surveillance Archives - Page 2 of 2 - ILS
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- July 17, 2017
County Sanctioned in Civil Rights Case for Failing to Preserve Video of Jailhouse Beatings
In Storey v. Effingham County et. al., Case No. 15-149 (S.D. Ga., June 16, 2017), Plaintiff is the executor for the estate of Kenneth Cartee, who died from injuries he sustained during an arrest by Effingham County police. According to the complaint, police pressed down on Cartee’s shoulder and neck to subdue him during an
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- June 7, 2017
Preclusion Motion Denied Where No Bad Faith in Deletion Of Smartphone Original Audio, and Party Waited Too Long To Seek Original
In Kennedy v. Supreme Forest Products, Inc., Case No. 14-01851 (D. Conn., May 22, 2017), Plaintiff, a truck driver, sued Defendants, his employers, for violation the Surface Transportation Assistance Act (STAA), based upon allegations that Defendants terminated his employment because he refused to drive trucks that were loaded over the federal weight limit. During his
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- June 2, 2017
Summary Judgment Granted Despite Destruction of Video Evidence
In Taylor v. Thrifty Payless, Inc., d/b/a Rite-Aid, Case No. 16-00474 (D. Oregon, May 12, 2017), Plaintiff sued Defendant after she slipped and fell in a large puddle while shopping in the Defendant drugstore. She testified that after she fell, someone placed cones around the spill and wet floor signs. Various other remedial measures allegedly
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- January 23, 2017
NYPD Motion for Sanctions Denied When No Prejudice Shown by Lost Cell Phone Footage
In Simon et. al. v. City of New York et. al., Case No. 14-8391 (S.D.N.Y., Jan. 5, 2017), Plaintiffs sued the City of New York as well as several NYPD police officers for false arrest and violations of the First, Fourth, Sixth, and Fourteenth Amendments to the Constitution. After discovery, Defendants filed a Motion for
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- December 21, 2016
False Arrest Plaintiff Awarded Attorneys’ Fees and Adverse Inference for Police Spoliation of Video Evidence
In Cahill v. Dart et. al., Case No. 13-361 (N.D. Ill., December 2, 2016), Plaintiff sued Defendants (police officers with the Cook County Sheriff’s Office) for claims of false arrest, malicious prosecution and violations of the Fourth Amendment following his arrest for driving on a suspended license. Defendants alleged that Plaintiff dropped a package of
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- October 17, 2016
Court Denies Plaintiff’s Spoliation Motion After Missing Video is Found
In Palmer v. Allen, et. al., Case No. 14-12247 (E.D. Mich., Sept. 28, 2016), Plaintiff sued the police department for the city of Ecorse, Michigan, as well as police officers Allen and Trevino, after an incident during a traffic stop. Plaintiff was the passenger in a vehicle that was pulled over for driving without headlights,
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- March 13, 2015
Court Finds No Spoliation of Security Video Under Third Circuit’s Bad Faith Standard
In Harrell v. Pathmark et al., Civil Action No. 14-5260 (E.D.Penn. Feb. 26, 2015), the Eastern District of Pennsylvania sua sponte considered whether to order an adverse inverse instruction due to Defendant’s possible spoliation of video evidence. Plaintiff filed suit against Defendant alleging negligence related to a slip and fall accident that occurred in Defendant’s store. Defendant moved for
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- February 6, 2015
No Spoliation After Defendants Inadvertently Destroy Video Surveillance
In Wardner v. American Airlines, et al., Case No. 14-22011-CIV (S.D.Fl. Jan. 12, 2015), a Florida district court considered whether to enter an adverse inference instruction against Defendants’ due to alleged spoliation of video surveillance. Plaintiff, who was arrested following alleged disruptive behavior at the Miami International Airport, filed suit against the airline, Miami-Dade County, and others for malicious prosecution,
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- December 17, 2014
Court Rejects Defendant’s Attempt to Avoid Production Because of a Software Licensing Issue
In Pero v. Norfolk Southern Railway Co., No. 3:14-CV-16-PRL-CCS (E.D. Tenn. December 1, 2014), a railroad conductor alleged he suffered injury after trying to remove a fallen tree from a train track. Plaintiff’s eDiscovery requests requested that Defendant produce the video recording from a camera mounted on front of the train. Plaintiff alleged it needed the video recording to demonstrate the tree’s position
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