Ferraiuolo v. Stovall et al

Filing 10

ORDER denying 5 Motion to Preserve Video Evidence. Signed by Honorable Barry A. Bryant on August 12, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

ANTHONY FERRAIUOLO
v.

PLAINTIFF
Civil No. 4:14-cv-04066

RON STOVALL; WARDEN BRAZELL;
CAPTAIN MORGAN; LIEUTENANT ADAMS
SERGEANT PEEKS; CORPORAL SANDERS;
CORPORAL STURDEUANT; OFFICER EVERETT;
SERGEANT MOON

DEFENDANTS

ORDER
Plaintiff Anthony Ferraiulolo originally submitted this pro se action for filing on April
24, 2014. Currently before the Court is Plaintiff’s Motion to Preserve Video Evidence. ECF
No. 5.
In this Motion, Plaintiff requests the Court order Miller County Detention Center
(“MCDC”) to “save all recorded audio/video from inside the Facility from December 10th 2013
thru now.” ECF No. 5. Plaintiff alleges there are multiple scenes on this video that will
support his claims of excessive force. Plaintiff also states that he believes MCDC will destroy
this footage if not ordered to preserve by the Court.
Defendants have not yet been served or answered Plaintiff’s Complaint. Therefore, the
Court finds Plaintiff’s request premature and his Motion to Preserve Video Evidence is hereby
DENIED. Once Defendants Answer or file another responsive pleading, Plaintiff may reurge
this motion. Plaintiff is advised that in doing so he must include specific information as to
the video he believes contains evidences such as the dates, times, and areas of the jail where
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the alleged excessive force occurred.
IT IS SO ORDERED this 12th day of August 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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