spoliation
16 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 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 | Was the layman's intelligence gravely discounted in this medical malpractice case without determining the base of that common knowledge of a Virginia … |
| 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 | Whether a jury should decide the weight of an adverse inference from the intentional destruction of evidence that could have contradicted the spoliato… |
| 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 | Whether a district court may grant summary judgment after imposing an adverse-inference sanction for intentional spoliation of evidence, thereby effec… | |
| 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 | Did the Eighth Circuit Court of Appeals err in its interpretation and application of Rule 37(e) sanctions by requiring multiple findings of intent, pr… |
| 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 | Do police violate a person's Fourth Amendment rights against unreasonable seizure when they provoke, through subterfuge and intimidation, a person to … |
| 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 | When is a defendant entitled to a spoliation instruction for lost potentially exculpatory evidence? | |
| 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 | Is the spoliation of election materials and evidence evidence of election fraud? |
| 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 | Does the filing submitted by the petitioner(s) serve as a functional equivalent to an informal brief? |
| 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 the petitioner's motion to dismiss or impose other appropriate sanctions for destruction of evidence, in… |
| 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 |
| 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 | Does spoliation shift the burden of proof in a summary judgment motion? |
| 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's requested exculpatory evidence is destroyed by the government prior to trial, should the trial proceed? |
| 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 Fourth, Fifth, Sixth and Fourteenth Amendment,… | |
| 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 | Whether courts can ignore the modification and deletion of public and important documents such as 911 Call for Service records in order to sabotage a … |