Tompkins v. Detroit Metropolitan Airport
2012 WL 179320, 278 F.R.D. 387, 2012 U.S. Dist. LEXIS 5749 (2012)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A party seeking discovery of another party's private social media content is not entitled to it without first making a threshold showing that the requested information is relevant to a claim or defense and is reasonably calculated to lead to the discovery of admissible evidence.
Facts:
- On December 29, 2005, a woman (Plaintiff) was involved in a slip-and-fall accident at Detroit Metropolitan Airport.
- Plaintiff claims she suffered back and other injuries from the accident, which impair her ability to work and enjoy life.
- Plaintiff maintains a Facebook account, with certain sections designated as private and accessible only to a selected group of people.
- The public portions of Plaintiff's Facebook page contained photographs of her smiling, holding a small dog, and standing with others at a birthday party.
- Surveillance photos also exist showing the Plaintiff pushing a grocery cart.
Procedural Posture:
- Plaintiff filed a personal injury lawsuit against Defendant Northwest Airlines in federal court.
- During discovery, Northwest Airlines requested that Plaintiff sign authorizations for the release of her medical records and her entire Facebook account.
- Plaintiff provided the medical releases but objected to authorizing the release of her Facebook account.
- Northwest Airlines filed a Motion to Compel, asking the court to order the Plaintiff to produce authorizations for her Facebook account.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Is a defendant in a personal injury case entitled to compel the production of the plaintiff's entire private social media account without first providing a factual predicate showing the content is relevant to the plaintiff's claimed injuries?
Opinions:
Majority - Magistrate Judge R. Steven Whalen
No. A defendant is not entitled to compel production of a plaintiff's private social media account without a threshold showing of relevance. While information on a private Facebook page is generally not privileged, a defendant does not have a generalized right to rummage through it. Citing Federal Rule of Civil Procedure 26(b), the court held that the party seeking discovery must demonstrate that the requested information is reasonably calculated to lead to the discovery of admissible evidence. Here, Northwest Airlines failed to make this predicate showing; the public photos of the Plaintiff at a party, holding a small dog, or pushing a grocery cart are not inconsistent with her claims of injury, as she does not allege she is completely bed-ridden. Without a factual basis to believe the private content contradicts her claims, the request amounts to an impermissible 'fishing expedition' and is also overly broad.
Analysis:
This opinion is an early and influential example of a court applying traditional discovery principles to the then-emerging area of social media. It establishes that while private social media content is discoverable, it is not subject to a limitless dragnet. The decision sets a precedent requiring parties to provide a specific, factual basis for relevance before a court will compel disclosure of private online material, thereby balancing the broad scope of discovery with the need to prevent overly intrusive and speculative 'fishing expeditions' into a person's digital life.
Unlock the full brief for Tompkins v. Detroit Metropolitan Airport