Debra Milke v. City of Phoenix

FILED

NOT FOR PUBLICATION

JAN 27 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEBRA JEAN MILKE, No. 20-17210

Plaintiff-Appellant, D.C. No. 2:15-cv-00462-ROS

v.

MEMORANDUM*

CITY OF PHOENIX; et al.,

Defendants-Appellees,

and

WILLIAM GERARD MONTGOMERY,

Maricopa County Attorney - in his official capacity; et al.,

Defendants.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Argued and Submitted January 10, 2022 San Francisco, California

Before: GOULD, BENNETT, and R. NELSON, Circuit Judges.

Debra Milke brought various claims under 42 U.S.C. § 1983. As the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. court found, she and her lawyers knowingly and willfully obstructed discovery and

destroyed an extraordinary amount of physical evidence and some electronic

evidence. The district court did not clearly err in so finding. See Merchant v.

Corizon Health, Inc., 993 F.3d 733, 739 (9th Cir. 2021). The…