United States Sixth Circuit

In suit against a guard at a correctional facility alleging that defendant assaulted plaintiff in his cell and caused serious injuries, a denial of sanctions against defendant for spoliated evidence by the original panel is vacated and remanded after a rehearing en banc where a federal court's inherent powers include broad discretion to craft proper sanctions for spoliated evidence, regardless of whether applicable state law provided for sanctions based on third-party spoliation.

Appellate Information

• Argued 12/10/2008
• Decided 02/04/2009
• Published 02/04/2009

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.