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McPeek v. Ashcroft

United States District Court for the District of Columbia
202 F.R.D. 31 (D.D.C. 2001)


Facts

Steven McPeek (plaintiff) filed an informal sexual harassment claim against his boss at the Bureau of Prisons with the Department of Justice (DOJ). After the complaint, McPeek claimed that he suffered humiliation and retaliation from his fellow government employees on account of the claim. McPeek filed suit against the U.S. government (defendant) in its role as his employer. During discovery, McPeek filed a motion attempting to compel the DOJ to search its backup computer systems in hopes of obtaining relevant data that was deleted by users but still stored on the backup tape. The DOJ objected, arguing that the distant possibility that such a search would produce relevant data did not justify the enormous costs involved.

Rule of Law

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Issue

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Holding and Reasoning (Facciola, U.S. Magistrate J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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