Bloomberg Law
Sept. 20, 2018, 2:11 PM UTC

School Can’t Inspect Student’s Phone, Laptop in Title IX Case

Michael Greene

A University of South Florida student who belatedly turned over evidence in a Title IX lawsuit doesn’t have to let the school inspect her personal computer and cell phone, a federal magistrate judge ruled.

Samantha Garrett’s privacy interests outweigh the potential benefits of a forensic examination, Magistrate Judge Amanda Arnold Sansone, of the U.S. District Court for the Middle District of Florida, said Sept 14.

The ruling shows that courts can be reluctant to order forensic examinations of personal digital devices, even when a party hasn’t fully complied with its discovery obligations.

The court found that Garrett’s failure to timely ...

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