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, he sued Denver officials (defendants) under 42 U.S.C. § 1983, seeking $2 million for chronic pain, needing a cane, and being unable to stand more than 10 minutes at a time. The district court ordered Moore to produce documents including his Facebook and social-media activity relating to his arrest, but Moore withheld much of it as irrelevant; the defendants moved to enforce the discovery order and sought attorney's fees.
Whether a plaintiff's Facebook and social-media posts and activity are discoverable and required to be produced if they are related to the plaintiff's claims of emotional distress and physical injury.