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PESCHEL v. CITY OF MISSOULA

No. CV 08-79-M-JCL.

664 F.Supp.2d 1137 (2009)

Walter PESCHEL, M.D., Plaintiff, v. CITY OF MISSOULA, acting through the Missoula Police Department, Missoula City Police Chief Rusty Wickman, Assistant Chief Mark Muir, Lt. Gregg Willoughby, Sgt. Daniel Jason Huntsinger, Officer Craig Serba, and Officer Ryan Prather, Defendants.

United States District Court, D. Montana, Missoula Division.

October 15, 2009.

Attorney(s) appearing for the Case

Cynthia K. Smith, Lance P. Jasper, Jasper Smith Olson, David R. Paoli, Heather M. Latino, John A. Kutzman, Paoli, Latino, & Kutzman P.C., Missoula, MT, for Plaintiffs.

Jeffrey M. Roth, Natasha Prinzing Jones, Thomas J. Leonard, William L. Crowley, Boone Karlberg, Missoula, MT, Brendon J. Rohan, Poore Roth & Robinson, Butte, MT, for Defendants.

ORDER

JEREMIAH C. LYNCH, United States Magistrate Judge.

This matter is before the Court upon motion of the Plaintiff requesting the Court impose a sanction—in the form of a default judgment—against Defendant City of Missoula for spoliation of evidence.

I. INTRODUCTION

On August 18, 2007, Plaintiff Walter Peschel was arrested by officers of the City of Missoula, Montana Police Department for the misdemeanor offense...

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