Taylor v. City of New York et al
| Dwaine Taylor |
| Larry W. Davis, Michael Hourihane, William Clemons, Turham Gumusdere, Jacqueline Brantley, John Does #1-#7, City of New York and Arthur Olivari |
| 1:2012cv05881 |
| July 31, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Oneida |
| Robert P. Patterson |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
38
OPINION & ORDER re: 23 MOTION for Sanctions filed by Dwaine Taylor: After considering the parties' arguments and for the reasons that follow, this Court orders that: (1) Plaintiff's request to preclude Defendant Brantley from testifying a s to what she observed when she reviewed the now-deleted surveillance footage is GRANTED; (2) Plaintiff's request for an adverse inference instruction which would permit, but would not require, the jury to presume that the deleted surveillance f ootage would have corroborated Plaintiff's version of the events as alleged in paragraphs 54-57 and 59 of the Complaint is GRANTED; and (3) Plaintiff's motion for reasonable attorney's fees and costs in connection with this motion is GRANTED. (Signed by Judge Robert P. Patterson on 9/4/2013) Copies Sent By Chambers. (tn)
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