Proving that a Federal Agency Engaged in Spoliation
Full Question:
Answer:
Federal courts may sanction bad faith conduct by its inherent powers or by the Federal Rules of Civil Procedure. A court is given broad discretion to choose the appropriate sanction for a discovery violation given the unique factual circumstances of every case. Three main factors to be considered include:
(1) a breach of the duty to preserve or produce documents;
(2)
the level of culpability for the breach; and
(3) the prejudice that results from the breach. Potential sanctions for spoliation include: dismissal of a claim or granting judgment in favor of a prejudiced party; suppression of evidence; an adverse inference, referred to as the spoliation inference; fines; and attorneys' fees and costs.
In order for the spoliation inference to apply, four factors must be satisfied. First, the
evidence in question be within the party's control. Second, it must appear that there has been actual suppression or withholding of the evidence. Third, the evidence destroyed or withheld was relevant to claims or defenses. Fourth, it was reasonably foreseeable that the evidence would later be discoverable.
The method of proving spoliation will vary by the type of evidence and facts and circumstances in each case. Some of the common types of evidence include, among others, witness testimony by those responsible for record keeping and policies, and computer forensics.
