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Sixth Circuit Addresses Spoliation Sanction Standard
Loaded on Aug. 15, 2013
published in Prison Legal News
August, 2013, page 17
In holding that the determination of a spoliation sanction should be left to the discretion of the district court, considering the facts of each case individually, the Sixth Circuit Court of Appeals held it would not upset a district court's decision unless it constituted an abuse of discretion.The appellate ...
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More from this issue:
- An Innocent Man Speaks: PLN Interviews Jeff Deskovic
- Report: BOP Fails to Monitor Effects, Conditions of Segregated Housing, by Derek Gilna
- From the Editor, by Paul Wright
- Supreme Court Holds Padilla Not Retroactive, by Derek Gilna
- Sixth Circuit Addresses Spoliation Sanction Standard
- Please Stop "Reforming" Pelican Bay, by Maya Schenwar
- West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld
- Federal Court Orders California to Release 9,600 More Prisoners, by John Dannenberg
- Fourth Circuit: Sex Offender Registration Not "Custody" for Section 2254 Jurisdiction
- Federal Court Rules Against Alabama DOC in Class-action HIV Discrimination Suit
- Canadian Prisoners Receive $3.5 Million in Settlements, by Derek Gilna
- HRDC Invited to Speak at Unprecedented FCC Workshop on Prison Phone Rates, by David Ganim
- Fifth Circuit Upholds Dismissal of PLN's Censorship Suit Against TDCJ, by Matthew Clarke
- Trial Held in Texas Prison Courtroom Not Open to the Public
- Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand
- Millions in Security Equipment Wasted at Rikers Island
- Supreme Court Upholds DNA Collection as Part of Jail Booking Procedures, by J.R. Bloom
- HRDC Receives First Amendment Award
- New Tennessee Parole Board Members have Apparent Bias Against Granting Parole, by Alex Friedmann
- No Justice: Sex Offenses, No Matter How Minor or Understandable, Can Ruin You for Life, by Charlotte Silver
- California Jail Installs New Microgrid to Cut Energy Costs, by Derek Gilna
- Genetic and DNA Evidence: The Emperor Has No Clothes, by Ernest P. Chiodo
- Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation, by Matthew Clarke
- Seventh Circuit Remands Illinois Prisoner's Hernia Case for New Trial
- Montana Town Gives up on Failed Jail Venture
- "Mere Possession" of a Prison Shank Constitutes a "Crime of Violence", by Derek Gilna
- Seventh Circuit Remands Case Concerning Treatment of Prisoner's Hemorrhoids
- Suicides at CCA-run ICE Detention Center Spark Investigation, by Derek Gilna
- Longest-Serving Texas Prisoner Makes Parole; Other Long-term Prisoners Not so "Lucky"
- DC Circuit: Qualified Immunity for Retroactive U.S. Parole Commission Regulations
- Seventh Circuit: Health Hazard without Physical Injury Can State a Claim
- Mexican Prison Guards Implicated in Deadly Riot
- Blowup at KPFT Radio's "Prison Show" in Texas
- Louisiana Supreme Court Reverses Sentence for Escape, but Sentence Affirmed on Remand
- Seventh Circuit Asks Illinois Supreme Court to Interpret "Frivolous" Litigation Statute
- New York Federal Court Finds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case; Suit Settles for $67,000, by Matthew Clarke
- Jail Detainee Dies after Altercation with Deputies at Arizona Jail
- Utah DOC Ends "English Only" Visitation Requirement, by Christopher Zoukis
- News in Brief
More from these topics:
- Washington Fined Over $100 Million for Delays in Competency Evaluations and Restoration, Feb. 1, 2024. Sanctions, Failure to Treat (Mental Illness), Civil Commitment, Competency.
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- $6,000 Sanction for Mississippi Federal Prosecutor Who Lied to Court About COVID-19 Vaccination Status, Oct. 31, 2022. COVID-19, Failure to Protect (General), Sanctions.
- Seventh Circuit: Local Rules Requiring Specific Filings to Summary Judgments Should Not be Used as a Sanction, Nov. 1, 2021. Summary Judgment, Sanctions.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment, Nov. 6, 2018. Civil Procedure, Appeals.
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, Oct. 31, 2018. Civil Procedure, Appeals.
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