Martinz v. Salazar (District of New Mexico, 2017)

Key Insight: Even with a litigation hold, if a party would have made no efforts to obtain a serial number, bad faith is not found. Sloppy paperwork may be considered gross negligence in a totality of the circumstances. Rule 37(e) was not used.

Nature of Case: Excessive police force

Electronic Data Involved: Electronic data (Taser usage records)

Keywords: taser, cartridge, serial number, spoliation