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Pataky Litigation Hold

Pataky Litigation Hold

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Published by Carlos Miller
Phoenix police raided a blogger who was critical of them on his website. They did this in the midst of a pending lawsuit the blogger had filed against them.

The blogger, Jeff Pataky, claims the raid was in retaliation for his lawsuit and his blog postings.

The Phoenix city attorney since placed a litigation hold on all evidence related to the case. This is the memo he sent out to city staffers and officers.

To read the whole story, go to this link.

http://carlosmiller.com/2009/04/02/phoenix-police-raid-home-of-blogger-whose-writing-is-highly-critical-of-them
Phoenix police raided a blogger who was critical of them on his website. They did this in the midst of a pending lawsuit the blogger had filed against them.

The blogger, Jeff Pataky, claims the raid was in retaliation for his lawsuit and his blog postings.

The Phoenix city attorney since placed a litigation hold on all evidence related to the case. This is the memo he sent out to city staffers and officers.

To read the whole story, go to this link.

http://carlosmiller.com/2009/04/02/phoenix-police-raid-home-of-blogger-whose-writing-is-highly-critical-of-them

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Published by: Carlos Miller on Apr 04, 2009
Copyright:Attribution Non-commercial

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City of Phoenix
 
OFFICE OF THE CITY ATTORNEY
 
To: Recipient List Date: March 31, 2009From: Gary Verburg, City AttorneySubject:
Litigation Hold for Preservation of Documents Regarding:“Pataky 2” - Domestic dispute DR 2008-70443140
 A claim was filed on March 18, 2009, against the City of Phoenix arising out of the service of anallegedly retaliatory search warrant served on Jeff Pataky on March 9, 2009. Mr. Pataky allegesthat the search warrant actually was in response to critical comments he made about the PhoenixPolice Department on badphoenixcops.com; that the retaliatory search warrant was falselyobtained and constituted a violation of his constitutional rights; and, that items were removedwhich were not covered by the search warrant. These complaints, for ease of reference, arereferred to as “Pataky 2.”
The City of Phoenix, its officers, agents, and employees, are under a legal obligation topreserve all information potentially relevant to the issues raised in Pataky 2
. By thismemorandum, I direct all recipients listed in Exhibit “A” to immediately preserve and protectsuch information. This information may currently be stored on computer systems as electronicfiles, e-mails, or otherwise stored as hard copies or in some other tangible form.
Theobligations under this litigation hold are continuing and apply equally to informationcreated after, as well as before, this memorandum was delivered.
 I have designated Stephen J. Craig as the attorney responsible for coordinating this litigationhold. Please contact him at (602) 262-6765 if you have any questions or if you believe that thelist of Key Personnel needs to be expanded to include others.This litigation hold will be followed by a Custodian Questionnaire that will ask you to morespecifically identify the type, location, and amount of potentially relevant information in yourpossession, custody, or control. Until then, and in addition to the above:
 
Key Personnel are instructed to identify places where potentially relevant electronicinformation may be stored and to make appropriate arrangements for its preservation.
 
Key Personnel are instructed to identify places where potentially paper documents andfiles, and other tangible material may be stored and to make appropriate arrangementsfor its preservation.
 
Key Personnel must preserve the departmental reports and case files, the PSB file, andany MCAO files in the City’s possession, custody, or control.
 
Key Personnel may also have the ability to save ESI to workstations and other storagemedia. Accordingly, all personnel are instructed to defer running compression, disk defragmentation or other computer optimization or automated maintenance programs,and to reasonably safeguard and preserve portable or removable electronic storage mediacontaining potentially relevant ESI.
 
Pataky 2Document Preservation MemoMarch 31, 2009Page 2
 
The Police Department, Enterprise Application Administrators and LAN Administratorsare directed to suspend practices regarding the retention and/or destruction of ESI thatmight relate to Pataky 2. Also, please defer any significant hardware/software upgrade,repair, or replacement that that might impact the identification and preservation of ESIrelating to Pataky 2. Any significant upgrade, replacement, or disposal of hardware orsoftware should be discussed with the Law Department beforehand.
 
The Law Department LAN Administrators are directed to suspend practices regardingthe retention and/or destruction of ESI that might relate to Pataky 2. Also, please deferany significant hardware/software upgrade, repair, or replacement that that might impactthe identification and preservation of ESI relating to the Pataky 2. Any significantupgrade, replacement, or disposal of hardware or software should be discussed with theLaw Department beforehand.
 
E-mail – the Enterprise Application Administrators are directed immediately to disablethe scheduled purge function and to preserve all e-mails for each of the Key Personnelidentified below.If you are aware of other electronic data or documents that may be relevant to Pataky 2, consultwith your department’s Information Technology specialists and/or the Law Department asneeded to ensure that you are taking appropriate action to preserve that information as well.You will periodically receive friendly reminders to preserve this information.As this matter is in litigation, all communications with and through the Law Department, itsattorneys and outside counsel, are privileged and confidential – including this e-mail and memo– and such communications are not to be discussed or shared.I remind you that your e-mails will be the subject of a litigation hold, and may be subject todisclosure to the other parties and the public. I recommend that you exercise caution anddiscretion when communicating in this fashion.Thank you for your assistance. If you have any questions regarding the memorandum, pleasecontact Stephen J. Craig (602-262-6765) of this office.cc: Alton Washington, City Manager’s OfficeMario Paniaqua, City Clerk Patti Moore, Adm., PPDLt. Eric Edwards, PPDJanet Smith, Personnel Director
 
Pataky 2Document Preservation MemoMarch 31, 2009Page 3
Exhibit “A”
Comprehensive Distribution List
 
Last Name First Name Rank/Title Assignment Serial #Key Personnel
Harris
Jack 
Public Safety Mgr. Chief's Office 9000Coombe
Lisa
Admin. Secretary Chief's Office A3367Lannon
Thomas (Tom)
Exec. Asst. Chief Chief's Office 3248Anderson
Murray (Andy)
Asst. Chief Chief's Office 2771Pina
James (Jim)
Asst. Chief Chief's Office 3056Yahner
Joseph (Joe)
Asst. Chief Chief's Office 4433McClelland
Blake
Asst. Chief Chief's Office 4118Montgomery
Tracy
Asst. Chief Chief's Office 4515Finical
Scott
Reserve Asst. Chief Reserve Division R0585Robinson
Kevin
Asst. Chief Chief's Office 3870Hynes
Jeffeory (Jeff)
Commander FIB 3612Klima
Joseph (Joe)
Commander VCB 3930Richards
George
Commander PSB 2830Humphrey
Kim
Commander PSB 4212Miiller
Charles (Chuck)
Commander Public Affairs Bureau 5448Pina
Benny
Commander Cactus Park Precinct 5092Milstead
Frank 
Commander Major Offender Bureau
4443
Zingg
Mark 
Lieutenant
Retired
4159Spalla
Lowell
Lieutenant FIB 5436Kotecki
Patrick (Pat)
Sergeant VCB 5000Bell
John R.
Sergeant FIB 4438Quaas
Theron
Detective FIB 6457Boeck
Steven
Detective FIB 6844Polombo
Michael (Mike)
Sergeant VCB 4696Polombo
Heather
Detective VCB 6237Vance
Karen
Sergeant VCB 4557Guzman
John
Detective ACTIC 3980Oldenburg
Eric
Detective ACTIC 5800Pina
James (Jim)
Asst. Chief Chief's Office/PSB 3056Hoover
Stanton (Stan)
Lieutenant PSB 3486Tomory
Joseph (Joe)
Lieutenant PSB 4883Johnson
Linda
Lieutenant
Retired #3982
R1002Collay
Patricia (Pat)
Admin. Asst. I PSB A1874Tucker
Christopher
Sergeant PSB 6219Siekmann
Matthew
Sergeant PSB 6347Mentzer
Kenneth (Ken)
Sergeant PSB 4931

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