Wilson v. Hauck (141 F. Supp. 3d 226, 2015)

DECISION AND ORDER

ELIZABETH A. WOLFORD, District Judge.

INTRODUCTION

Plaintiff Mike Wilson, a/k/a 'Mahadi S. Doggett, a former inmate of the Attica Correctional Facility, filed this action seeking relief under 42 U.S.C. § 1983, alleging violations of his Fourth and Eighth Amendment constitutional rights. (Dkt. 1 & 3). Plaintiff claims that Defendants Sergeant Raymand R. Hauck (“Hauck”), and Correctional Officers Gary J. Pie-sczynski (“Piesczynski”),Dale Spencer (“Spencer”), Charles T. Brew (“Brew”), James W. Holtz (“Holtz”), and Robert Hansen (“Hansen”) violated his rights by use of excessive force and/or by failing to protect Plaintiff from that excessive force. (Dkt. 1 & 3). The trial of this matter is scheduled to commence on November 2, 2015. (Dkt. 126).

Currently pending before the Court is Plaintiffs motion for sanctions. ■ (Dkt. 118). Plaintiff asks the Court to order that the jury be given an adverse inference instruction based upon Defendants’ alleged spoliation of evidence (namely, a videotape and photographs related to the April 30, 1999, incidént). For the following reasons, Plaintiff’s motion for sanctions is granted.

BACKGROUND

Plaintiff alleges that on April 30, 1999, during the course of a cell extraction, Defendants Piesczynski, Spencer, Brew, Holtz, and Hansen assaulted him, using excessive force. Plaintiff also claims that Defendants Holtz and Hansen subjected Plaintiff to a sexual assault that caused Plaintiff physical pain, and mental trauma. Additionally, Plaintiff alleges that Defendant Hauck, a superior officer, did nothing to stop or prevent the alleged assaults.

The trial of this matter was previously scheduled to commence on March 17, 2015. (Dkt. 112). Pursuant to the Pretrial Order entered on May 28, 2014 (id.), Plaintiff filed his motion for sanctions on February 17, 2015 (Dkt. 118). The trial date was subsequently adjourned due to Plaintiffs health issues (see Dkt. 122), and was rescheduled f