In Melendres v. Arpaio, CV-07-2513-PHX (D. Ariz. February 11, 2010) (UNPUBLISHED), U.S. District Court Judge G. Murray Snow granted plaintiffs' motion for sanctions and ruled that the Maricopa County Sheriff's Office ("MCSO") failed to issue a timely litigation hold resulting in the destruction of relevant documents, including e-mails. Plaintiffs' filed a putative class action in December 2007 alleging broad allegations related to the sheriff department's so-called "immigration sweeps." In July 2008, plaintiffs filed their first amended complaint and in a letter dated July 21, 2008 demanded the defendants preserve records, including e-mails, related to certain prior and all subsequent MCSO "crime suppression operations." Counsel for defendants forwarded the letter to the MCSO but the MCSO failed to act, or institute a litigation hold. In discovery, plaintiffs learned the MCSO shredded relevant documents (i.e., stat sheets) and deleted e-mails. In addition, not a single deponent was aware of their obligation to preserve evidence. Sheriff Joe Arpaio also admittedly maintained an immigration file that he had not yet produced in the litigation. To Download This Article: Click Here --------------------------------------------- Source: rcalaw.com

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