Perry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN SCALIA, individually and as successor ) Case No.: 1:17-cv-1097- NONE - JLT in interest of Decedent Kimberly Morrissey- ) Scalia, ) ORDER DENYING PLAINTIFF’S MOTION FOR ) SANCTIONS DUE TO SPOLIATION Plaintiff, )

v. ) (Doc. 86) ) COUNTY OF KERN, et al., ) ) Defendants. ) )

Kimberley Morrissey-Scalia died after falling from her bunk while a pre-trial detainee in the custody of the County of Kern. The decedent’s husband, John Scalia, seeks to prosecute this action against Rowena Blakely, the nurse who saw Ms. Morrissey-Scalia following her falls from the bunk. (See generally Doc. 15) Plaintiff seeks the imposition of sanctions against Defendants for the spoliation of video evidence of Ms. Morrissey-Scalia at the Lerdo Pretrial Facility, including her visits to the infirmary. According to Plaintiff, Defendants despoiled relevant video evidence despite a demand that the videos be preserved. …