Police, The Fourth Amendment, Qualified Immunity

Did prison officials plant drugs in employee’s car?

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Case: RUSS v. GEO GROUP, INC., Case No. 5:12-cv-38-RS-CJK (N.D. Florida, December 20, 2012)

What happened: Plaintiff was a a prison librarian (now terminated) who claims that prison officials planted drugs in his car to retaliate for plaintiff’s raising workplace issues with his supervisors.

Decision: No qi for dputy accused of doing the planting of the drugs.

Interesting footnote regarding the prison videocameras:

Plaintiff claims that there was a surveillance camera in the parking lot and that footage could show that somebody planted drugs in his vehicle. He argues that the fact that Defendants failed to preserve and produce the footage allows for an adverse evidentiary inference that the destroyed footage would not have been favorable to the spoliator. I do not address this contention because I have not previously determined that Plaintiff is entitled to such an inference and doing so would have no effect on my ultimate conclusions.

Written by Burgers Allday

December 22, 2012 at 2:41 pm

Posted in Uncategorized

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