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Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

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Where the alleged spoliator acted either willfully or in bad faith, relevance is presumed; however, the presumption is rebuttable. Further, “Plaintiff has been prejudiced by this spoliation because she has no way of knowing the contents of the emails or cross-examining the defendants about them. emphasis added].