When The Timing of Your Spoliation Motion Can Be As Important As Its Substance

A motion for an adverse inference was denied in Pratt v. Robbins, et al., 2024 WL 234730, Case No. 5:20-cv-170-GCM (W.D. N.C. Jan. 22, 2024) where Defendants failed to preserve or produce a video that might have contained pivotal evidence going to the heart Plaintiff's civil rights claim for excessive force.