Turner v. U.S., 736 F.3d 274 (4th Cir. 2013) (Gibney, J.)

Re: Request for record concerning boating accident Disposition: Affirming district court's grant of summary judgment to defendant
  • Litigation Considerations, Adequacy of Search:  The court finds that "[t]he district court appropriately granted summary judgment to [defendant] on this claim."  The court rejects plaintiff's argument that "[defendant's] failure to retain voice tapes and emails should stand as proof that [defendant's] search for such responsive documents was inadequate" because the court finds that "[t]he lack of responsive documents does not signal a failure to search."
Topic: 
Adequacy of Search
Court of Appeals
Litigation Considerations
Updated August 6, 2014