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Moore v. Miller

United States District Court for the District of Colorado
2013 WL 2456114 (2013)


After James Moore (plaintiff) was seriously injured during an arrest, Moore filed suit in federal district court against Shawn Miller and another official (defendants) of the City and County of Denver, Colorado (defendant), alleging violations of his civil rights under 42 U.S.C. § 1983. Due to his injuries, Moore claimed that he lived in chronic pain, was required to walk using a cane, and was unable to stand for more than 10 minutes at a time. Moore sought compensatory and punitive damages of $2 million stemming from his emotional distress and physical injury. The defendants filed a motion to compel discovery, and the district court ordered Moore to produce all documents relating to his employment, tax records, and arrest, including his Facebook and other social-media posts and activity pertaining to his arrest. Moore replied in part, but omitted much of the Facebook postings and activity, citing them as not relevant. The defendants filed a motion to enforce the district court’s order to compel discovery, and requested leave to file a petition for attorney’s fees incurred in the instant motion and the motion to compel.

Rule of Law


Holding and Reasoning (Kane, J.)

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