Practice and Procedure
Sanctions not imposed where party did not show prejudice due to lost evidence.
Three correction officers were charged with failing to anticipate a use of force against an inmate inside an intake cell. Respondents sought sanctions because the Department failed to produce a surveillance video showing the area inside the pen, where the use of force occurred. At the hearing, the person responsible for directing that the video be copied, testified that she failed to make the request timely and the video was destroyed.