spoliation

17 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6882 Rojelio Estraca, Jr. v. Texas Texas 2026-02-23 Pending IFP Arizona-v-Youngblood destruction-of-evidence discovery-rights due-process Michael-Morton-Act spoliation 1. Should this Honorable Court reexamine its destruction of evidence standard set out in Arizona v. Youngblood; specifically, a reform to the 'bad fai…
24-6906 Reginald Mack v. United States Fourth Circuit 2025-04-01 Denied Response WaivedIFP abuse-of-discretion expert-witness jury-intelligence medical-malpractice spoliation summary-judgment Spoliation by the non-moving party: Spoliation refers to the destruction or significant alteration of evidence, or the failure to preserve property fo…
24-883 Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. Eighth Circuit 2025-02-18 Denied Amici (3) adverse-inference circuit-split civil-procedure evidence-destruction spoliation summary-judgment When a party destroys evidence "with the intent to deprive another party of the information's use in the litigation," Federal Rule of Civil Procedure …
24A624 Molly Vogt, as Trustee for the Heirs and Next of Kin of Joshua Vogt, Deceased v. CO Robert Anderson, et al. Eighth Circuit 2024-12-26 Presumed Complete adverse-inference civil-rights jury-trial section-1983 spoliation summary-judgment Question not identified.
24-5449 Kimberly Ann Smith v. Menard, Inc. Eighth Circuit 2024-09-04 Denied IFP civil-procedure-rules electronically-stored-information evidence-preservation preponderance-standard rule-37-sanctions spoliation The Eighth Circuit Court of Appeals holds that, under Federal Rules of Civil Procedure Rule 37(e), before a Rule 37(e)(2) remedy can be awarded, there…
23-6814 Martin Akerman v. Court of Appeals of Virginia, et al. Virginia 2024-02-23 Denied IFP appellate-review civil-procedure constitutional-rights court-records due-process fifth-amendment fourteenth-amendment judicial-mismanagement procedural-violations spoliation Did the Arlington Circuit Court's handling of spoliation allegations and procedural violations, including denial of access to court records, violate t…
23-5803 Robert K. Decker v. Edwin Baez, et al. Seventh Circuit 2023-10-16 Denied Response WaivedIFP civil-rights cruel-and-unusual-punishment due-process eighth-amendment excessive-force failure-to-protect federal-question shackling spoliation Did the United States District Court, Magistrate Judge err in the decision to have the Plaintiff, Robert K. Decker be hand cuffed, (left wrist) and sh…
22-7474 Quinton Markis Cuthbertson, aka Quinton Marquis Cuthbertson v. United States Fourth Circuit 2023-05-05 Denied IFP due-process fourth-amendment police-misconduct police-provocation spoliation subterfuge suppression-hearing unreasonable-seizure 1. Do police violate a person's Fourth Amendment rights against unreasonable seizure when they provoke, through subterfuge and intimidation, a person …
22-992 Clay Melton Denton v. United States Fifth Circuit 2023-04-13 Denied adverse-inference criminal-procedure due-process evidence-spoliation exculpatory-evidence government-failure jury-instruction spoliation If critical evidence, which is at a minimum potentially exculpatory, is lost as a result of government's failure to preserve it, when is a defendant e…
22-503 Gregory Stenstrom, et al. v. Delaware County Board of Elections Pennsylvania 2022-11-30 Denied Response WaivedRelisted (2) civil-rights due-process election-fraud election-law election-law-violation judicial-review poll-watcher-standing spoliation spoliation-of-evidence standing 1. Is the spoliation of election materials and evi dence, required to be maintained by federal and state law, by election officials to perfect massiv…
21-8239 Lawrence L. Crawford, aka Johah Gabriel, aka Jahjah T. Tishbite v. Kenneth Nelson, Warden, et al. Fourth Circuit 2022-06-27 Denied IFP civil-procedure collateral-order-doctrine constitutional-rights due-process judicial-procedure sanctions separation-of-powers spoliation standing (1) DOES THE FILING SUBMITTED BY THE PETITIONE (S ) UNDER CASE 20-7073 FILED BEFORE THE FOURTH CIRCUIT SERVES AS A FUNCTIONAL EQUIVALENT TO AN INFORMA…
20-7756 Brandon Lamar Tademy v. Colorado Colorado 2021-04-14 Denied Response WaivedIFP constitutional-rights discovery due-process evidence sanctions spoliation Whether the district court erroneously denied Mr. Tademy's motion to dismiss or other appropriate sanctions for destruction of evidence, in violation …
20-1104 Irina Tesoriero v. Carnival Corporation, dba Carnival Cruise Line Eleventh Circuit 2021-02-11 Denied Response Waived adverse-inference circuit-split civil-procedure discovery evidence evidentiary-standard federal-courts legal-sanction sanctions spoliation spoliation-of-evidence Whether federal courts may grant an adverse inference as a sanction for negligent spoliation of evidence, as the Second, Sixth, and D.C. Circuits have…
20-6741 Peter J. McDaniels v. Kathleen Preito, et al. Ninth Circuit 2020-12-31 Denied Response WaivedIFP burden-of-proof civil-rights constitutional-rights document-request due-process evidence evidence-withholding legal-discovery spoliation state-officials summary-judgment Question not identified.
20-5623 Maksim Stefanyuk v. United States Eighth Circuit 2020-09-09 Denied Response WaivedRelisted (2)IFP brady-rule criminal-procedure due-process evidence evidence-destruction exculpatory-evidence government-misconduct spoliation trial-rights When a defendant in Federal Criminal Court proceedings requests to review, prior to trial, the evidence that is in the government's possession that is…
19-8278 In Re Levar Lee Anthony Spence 2020-04-16 Denied IFP brady-violation due-process exculpatory-evidence fifth-amendment fourteenth-amendment fourth-amendment sixth-amendment spoliation spoliation-of-evidence writ-of-mandamus Whether the United States Court of Appeals for the Third Circuit properly refused review and hearing of a "Fourth, Fifth, Sixth, and Fourteenth Amendm…
19-876 Fernando A. Ramirez v. Dave Hogue, et al. North Dakota 2020-01-15 Denied Relisted (2) civil-rights court-integrity document-fraud due-process evidence evidence-tampering fraud judicial-misconduct legal-procedure public-records spoliation After a 911 call, the police officer makes a report of what happened; This is electronically recorded and is called CALL FOR SERVICE. This document, b…