Perry

Perry v. County of Kern

Good Law
United States District Court, Eastern District of CaliforniaMarch 2, 20231:17-cv-01097California4,100 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 JOHN SCALIA, individually and as CASE NO. 1:17-cv-01097-AWI-CDB successor-in-interest of Decedent KIMBERLY MORRISSEY-SCALIA,

ORDER ON PLAINTIFF’S MOTION

Plaintiff, FOR SPOLIATION SANCTIONS

v. (Doc. Nos. 86, 145) COUNTY OF KERN, et al.,

Defendants

14 15 This case arises from the death of Kimberly Morrissey-Scalia (“Decedent”), who died during her pretrial detainment at Kern County Jail. Plaintiff John Scalia, Decedent’s husband, brings claims individually and on behalf of Decedent’s estate pursuant to 42 U.S.C. § 1983 and state law. Pending before the Court is Plaintiff’s motion for spoliation sanctions. Doc. Nos. 86 & 145. Having carefully considered the record in this case, the Court will grant in part Plaintiff’s motion and order the parties to submit additional briefing as discussed in greater detail below. BACKGROUND Decedent fell from her bunk bed while housed in the Lerdo Pre-Trial Facility in Bakersfield, California…

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