Moore v. Mille

2013 WL 2456114 (2013)

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Nature of the Case

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Facts

P was seriously injured during an arrest and filed suit against Ds, for violations of his civil rights under 42 U.S.C. § 1983. P is claiming $750,000 in damages as well as claims of physical pain $750,000 and humiliation $500,000. In discovery, Ds requested writings from the social network Facebook page for member 'justice for james moore' or any other Facebook posts by P on his own member page or others relating to the incident, as well as writings posted on the websites 'nwosituationreport.com' and 'nwosituationreport.wordpress.com.' Ds requested: 1) missing posts from www.facebook.com/James.Moore1, between the dates of November 2007 and May 2012; 2) any writings on P's website nwosituationreport.wordpress.com or www.nwosituationreport.com relating to the incident; 3) any other writings not already identified by P or Ds; and 4) P's Facebook 'activity log.' An Order granting D's Motion to Compel was issued for these materials. Ds maintain that P did not fully comply with the Order. P produced 'only some of writings, including an incomplete and highly-redacted printout of P's Facebook wall posts' and produced no Activity Log whatsoever. P argues that he produced all writings that are, 'about his arrest,' and that he is therefore in compliance with the Order.