McIntosh v. USA (SDNY, 2016)

Key Insight: Plaintiff unsuccessfully seeks injunction to prevent destruction of certain evidence. Defendants argued that sanctions would be inappropriate and no spoliation had occurred.

Nature of Case: Inmate pro se plaintiff asserts a host of constitutional violations against the U.S. and individual prison personnel.

Electronic Data Involved: Deleted video footage.

Keywords: Failure to preserve, destruction of evidence, spoliation, adverse inference.

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