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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Effective Date
2010-09-01

Other Sections in This Document (106)

Full Text

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the benefit of the doubt, we assume the City has not produced some of the requested
email files from City employee accounts. Appellants argue that the destroyed email
files would have supported their claim of intentional discrimination. However,
Appellants offer no support for such speculation; there is no basis for inferring that
the missing emails would be of a different character than the emails already recovered
and produced. Therefore, we agree that Appellants have not demonstrated the
requisite prejudice. See Stevenson, 354 F.3d at 748 (prejudice required before
sanctions are appropriate); see also Koons v. Aventis Pharm., Inc., 367 F.3d 768, 780
(8th Cir. 2004) (no prejudice where there is no evidence that the lost document
contained anything that would have affected the course of litigation).