Kane, John L., United States District Judge
In a personal injury case, the trial court ordered plaintiff to produce his entire Facebook history from the time of his arrest until the end of the discovery period under a protective order. Plaintiff alleged that the officers subjected him to physical and mental abuse and high levels of embarrassment. Before filing suit, plaintiff posted narratives about the arrest and his ensuing injuries on numerous social media sites and blogs, including under the Facebook profile “justiceforjamesmoore.”
The court granted defendants' motion to compel plaintiff to produce all of his writings relating to the incident. Plaintiff produced Facebook logs and other online posts, but only those that spoke directly about the arrest. Defendants argued that plaintiff failed to fully comply with the court’s order.
The court agreed and held that all of plaintiff’s posts and blog entries were relevant to the incident because they provided evidence concerning plaintiff’s emotional state and well-being. Since plaintiff felt it appropriate to share his version of events online, the court held that defendants were entitled to know of plaintiff’s accounts and ordered all written entries to be produced under a protective order.
v.
SHAWN MILLER, in his individual and official capacity, JOHN ROBLEDO, in his individual and official capacity, THE CITY AND COUNTY OF DENVER, a municipality, Defendants
Counsel
Darold W. Killmer, Darren M. Jankord, David Arthur Lane, Lauren Louise Fontana, Sarah Marie Morris, Tiffany Jo Drahota, Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiff.Matthew Raymond Hader, Denver, CO, for Defendants.