Archive: February 13, 2006

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Magistrate Awards Attorneys’ Fees and Threatens Adverse Inference Jury Instruction to Force Defendants’ Compliance with Outstanding Production Requests and Discovery Orders

Magistrate Awards Attorneys’ Fees and Threatens Adverse Inference Jury Instruction to Force Defendants’ Compliance with Outstanding Production Requests and Discovery Orders

McDowell v. Gov’t of Dist. of Columbia, 233 F.R.D. 192 (D.D.C. 2006)

As a result of the difficulties faced by plaintiff in trying to obtain discovery in this case, plaintiff sought an order granting summary judgment against the District as to the “practice of allowing in the field strip searches or searches that involve viewing or touching inside the clothes searches.” Plaintiff also sought costs and attorneys’ fees incurred as a result of defendants’ failure to produce the requested discovery materials, which included a spreadsheet and certain arrest forms referred to as “PD 163s.” Read More

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