Latimore v. Department of Corrections et al

Filing 453

Judge F. Dennis Saylor, IV: ORDER entered denying 452 Motion for Reconsideration (FDS, law1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_________________________________________
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JASON LATIMORE,
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Plaintiff,
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v.
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JOHN HOULE, WILLIAM GROSSI,
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and VINCENT POON,
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Defendants.
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_________________________________________ )

Civil Action No.
14-13481-FDS

ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION
SAYLOR, J.
This action arises out of an alleged attack on a prisoner by a correctional officer at the
Massachusetts Correctional Institution at Norfolk (“MCI-Norfolk”). Plaintiff has moved for
reconsideration of this Court’s denial of two motions for sanctions, Docket Nos. 363 and 372. In
those motions, plaintiff requested that the Court sanction defendants for failing to provide copies
of video footage of the alleged assault. The Court denied those motions on March 14, 2018.
Plaintiff has since filed a multitude of motions concerning this same issue, which were
already addressed by the Court. See Docket Nos 394, 396, 410, 421, 422, 424, 427, 428, and
431. He has also filed another motion for reconsideration, Docket No. 452.
Plaintiff is free to elicit evidence at trial that the security monitoring equipment in or near
his cell the day of the alleged assault was fully operational and to argue to the jury, if there is a
factual basis for it, that defendants intentionally destroyed the recording. However, in the
absence of any evidence suggesting that spoliation occurred, the Court will not sanction
defendants. Accordingly, the motion for reconsideration is DENIED.

So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: May 2, 2018

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