Gary Wall v. E. Rasnick, No. 21-6553 (4th Cir. 2022)

On appeal, prisoner Plaintiff raised constitutional and state-law claims against numerous prison officials arising from a physical altercation at Red Onion State Prison in Virginia. As part of his evidentiary showing, Plaintiff repeatedly sought the production of videos recording the encounter. When he learned that some of the videos were not preserved, Plaintiff moved for spoliation sanctions.
 
After an evidentiary hearing, the magistrate judge denied Plaintiff’s spoliation motion and recommended entering judgment against him on all claims and counterclaims. The district court substantially adopted the magistrate judge’s recommendations without explicitly addressing Plaintiff’s objections to the order denying spoliation sanctions.

The Fourth Circuit vacated the order of the district court entering judgment to Defendants and remand for a hearing on Plaintiff’s objections to the denial of spoliation sanctions, and for any other proceedings, the district court deems appropriate. The court held that the district court abused its discretion by implicitly overruling Plaintiff’s spoliation objections when several critical issues were left unresolved by the magistrate judge.
 
Specifically, the court explained that the magistrate judge erred in requiring Plaintiff to produce evidence that “the defendants purposefully disposed of any video recordings in an effort to prevent their use at trial.” Under Rule 37(e), when “electronically stored information that should have been preserved . . . is lost because a party failed to take reasonable steps to preserve it,” then “upon finding prejudice to another party from loss of the information,” the court “may order measures no greater than necessary to cure the prejudice.” Accordingly, only a finding of prejudice is required for such not-greater-than-necessary sanctions.