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ADKINS v. WOLEVER

No. 07-1421.

520 F.3d 585 (2008)

Kenneth Ray ADKINS, Plaintif-Appellant, v. Basil WOLEVER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2008.

Attorney(s) appearing for the Case

ARGUED: Joseph M. Infante, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant. John L. Thurber, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Joseph M. Infante, Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant. John L. Thurber, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before: MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Kenneth Ray Adkins brought an action in federal court against Basil Wolever, a guard at the Ionia Maximum Correctional Facility in Ionia, Michigan. Adkins alleges that Wolever assaulted him in his cell and caused serious injuries. At trial, Adkins asked the district court for an instruction on the alleged spoliation of the film and photographic evidence of the alleged assault, which Adkins maintains was destroyed...

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