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On November 30, Judge Bobby Downer of the Charlottesville General District Court ordered the City to pay Kessler’s court costs for violating his FOIA rights. But Judge Downer demurred on delving into the destruction of documents issue, which he said had to be decided by the Circuit Court.
Accordingly, the new Kessler lawsuit renews his request for a Writ of Mandamus, this time seeking to compel the City to recover the destroyed documents by any means necessary, including hiring a forensics and eDiscovery firm to recover the data.
The new Kessler lawsuit [
Kessler v Jones, Thomas, et al (PDF)] filed December 11 in Charlottesville Circuit Court, seeks an admission that Charlottesville officials violated the law, specifically the Public Records Act and Freedom of Information Act, by destroying public records that were relevant to ongoing litigation involving Unite the Right. ....

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