Holsombach v. Kelley et al

Filing 26

ORDER directing Defendants to immediately preserve the referenced videos within this Order. If video recordings have been lost, destroyed, or are no longer available (for any reason), Defendants must notify the Court within thirty days and provide a detailed explanation of why that evidence is no longer available and the names of all ADC employees who had any involvement in the destruction or loss of that evidence. The Court may schedule a hearing to take testimony from ADC employees concerning how and why the video recordings were lost or destroyed. Signed by Magistrate Judge Beth Deere on 9/28/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK HOLSOMBACH
ADC# 134723
V.

PLAINTIFF

CASE NO. 5:15-CV-00222 BSM/BD

WENDY KELLEY, et al.

DEFENDANTS

ORDER
Plaintiff Mark Holsombach has filed an objection to this Court’s Recommended
Disposition alleging that there are videos that prove he is unsafe in administrative
segregation. (Docket entry #19) Mr. Holsombach specifically references video
surveillance of an event that took place in the Tucker Maximum Security Unit on May 20,
2015 (#19, p.16) and a security video from barracks 7 in the Tucker Maximum Security
Unit on August 15, 2015 from 1:30 -1:40 p.m. (#19, p.20)
Defendants must immediately preserve the referenced videos. If video recordings
have been lost, destroyed, or are no longer available (for any reason), Defendants must
notify the Court within thirty days and provide a detailed explanation of why that
evidence is no longer available and the names of all ADC employees who had any
involvement in the destruction or loss of that evidence. The Court may schedule a
hearing to take testimony from ADC employees concerning how and why the video
recordings were lost or destroyed.

IT IS SO ORDERED, this 28th day of September, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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