Lovett v. Cole, No. 1:11-cv-277, 2014 WL 5426168 (S.D. Ohio Oct. 22, 2014)

Key Insight: Court denied plaintiff?s motion for sanctions based on correctional facility?s failure to preserve video surveillance footage of ?out-of-place? incident that preceded use of force incident, or digital versions of photographs taken of plaintiff?s injuries and cell after use of force incident, finding that plaintiff failed to establish a duty to preserve digital versions of photographs where hard copy photographs were preserved in accordance with the facility?s policy and procedure, and there was no evidence that defendants knew about the ?out-of-place? incident or recognized it as relevant to the use of force incident (the video footage of which was preserved); court further found that plaintiff failed to show that defendants deliberately lost or destroyed the evidence with a culpable state of mind

Nature of Case: Inmate sued correctional officers for use of excessive force

Electronic Data Involved: Video footage and digital information regarding plaintiff’s injuries and cell

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