Moore v. Miller, 2013 WL 2456114 (D. Colo. June 6, 2013).
In this injury law case, the court ruled that the plaintiff’s Facebook posts and activity were discoverable and must be produced as they related directly to the plaintiff’s claims of emotional distress and physical injury. The defendants filed a motion to enforce the court’s order to compel production of all documents relating to employment records, tax records, and the plaintiff’s arrest; intending to include the Facebook posts and activity history, plus any other website activity. The plaintiff replied in part to the request, but omitted much of the Facebook and website data, relying on his interpretation of “pertaining to his arrest” to narrow the scope of compelled materials. The plaintiff further argued that the broad scope would result in irrelevant data and invade his privacy. The court noted that the defendants’ request extended to all of his missing Facebook posts, and to narrow the scope to the arrest would omit information relating the plaintiff’s emotional and physical states before and after the arrest and his alleged injuries. The court concluded that the plaintiff’s claims of emotional and physical injury, claims totaling $2 million, demanded a more in-depth review of his social media accounts, particularly since the plaintiff had recounted his version of events multiple times on social media. The court thus compelled discovery.