United States Sixth Circuit

In plaintiff's suit against a guard at a correctional facility alleging the guard assaulted him in his cell and caused serious injuries, denial of an instruction for an adverse inference based on the alleged spoliation of certain film and photographic evidence of the alleged assault is affirmed where the district court did not abuse its discretion in refusing to consider a third-party spoliation instruction under the law of Michigan.

Appellate Information

• Argued 12/10/2008
• Decided 03/21/2008
• Published 03/21/2008

Judges

• Before BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph M. Infante, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant.  Kevin R. Himebaugh, Office of the Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Joseph M. Infante, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant.  John L. Thurber, Office of the Attorney General, Lansing, Michigan, for Appellee.