Wednesday, July 19, 2017

Discovery of Private Portions of Plaintiff's Facebook Profile Denied



Another Facebook Discovery decision has been uncovered.  In the case of Clapsadle v. Barkman, No. 2015-1896 (C.P. Franklin Co. Sept. 15, 2016), the court denied a defendant's motion to compel plaintiff to answer interrogatories regarding the content of the plaintiff's private portions of his Facebook profile after finding that the information contained on the public pages did not support an argument that relevant information would be revealed from a review of the private pages.

The court did order a hearing to address issues of spoliation after finding that the plaintiff violated a prior court order that specifically directed the plaintiff not to delete or erase any information on the profile.

I do not have a copy of this decision.  If anyone has access to this decision and is willing to email a copy to me I will upload it online and advise as to its availability in a future Tort Talk post.

Source: Course Material from PAAJ's 2017 Annual Auto Law Update CLE.

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