ADKINS v. WOLEVER

No. 11-1656.

692 F.3d 499 (2012)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2012.


Attorney(s) appearing for the Case

ARGUED: Joseph M. Infante , Miller, Canfield, Paddock and Stone, PLC, Grand Rapids, Michigan, for Appellant. Michael R. Dean , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Joseph M. Infante , Miller, Canfield, Paddock and Stone, PLC, Grand Rapids, Michigan, for Appellant. Michael R. Dean , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before: KEITH, McKEAGUE, and DONALD, Circuit Judges.


OPINION

BERNICE B. DONALD, Circuit Judge.

This appeal concerns whether Plaintiff-Appellant Kenneth Adkins was entitled to an adverse inference instruction because video and photographic evidence relating to his 42 U.S.C. § 1983 excessive force claim against Defendant-Appellee Basil Wolever was lost by Ionia Maximum Correctional Facility ("IMAX"), the prison where Adkins was housed and where Wolever was employed. The district court initially denied Adkins...

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