Judicial Sanction Targets CoreCivic Over Destroyed Evidence in Detainee Death Case

In a significant legal development, a judge issued a sanction against CoreCivic, one of the nation’s largest private prison corporations, for the destruction of video evidence in a wrongful death lawsuit. The case involved the 2022 death of Kesley Vial, a 23-year-old Brazilian asylum-seeker who died after attempting suicide at the CoreCivic-operated Torrance County Detention Facility in New Mexico.

The Sanction: An Adverse Inference

During a December pre-trial hearing, Judge Francis J. Mathew ordered an “adverse inference” against CoreCivic. This legal sanction allows a jury to presume that the destroyed evidence would have been unfavorable to the party responsible for its loss. In this instance, the company had failed to preserve video footage from 14 of the 15 cameras active on the day of the incident, claiming the material had been overwritten.

Rebecca Sheff, a senior staff attorney with the ACLU of New Mexico and part of the plaintiffs’ legal team, argued in court that the company had been placed on notice to preserve all records immediately following the incident. Despite this, the company produced 49 still images from its internal investigation but failed to provide the underlying video for 37 of those frames.

“CoreCivic says that their staff had no way of knowing that Kesley Vial was on the verge of taking his own life on August 17th of 2022,” Sheff stated during the hearing. “And when CoreCivic destroyed hours of video footage from that day, fully aware of the likelihood of litigation, they deprived the jury and all of us of the chance to see for ourselves.”

Legal Implications of Spoliation

The term “spoliation” refers to the act of destroying, altering, or failing to preserve evidence relevant to a legal proceeding. Experts note that while allegations of such behavior by private prison corporations have persisted for years, this appears to be the first time a judge has formally sanctioned a private prison firm in a wrongful death case involving an immigration detainee for the destruction of video evidence.

Following the judge’s decision to grant the adverse inference, CoreCivic entered into settlement discussions. The case concluded in March with an undisclosed settlement agreement. Legal observers suggest that the judge’s order played a pivotal role in the company’s decision to settle before the scheduled January trial.

Key Takeaways

• Accountability in Detention: The sanction highlights the ongoing challenges regarding transparency and the preservation of evidence within private immigration detention facilities.
• The Power of Adverse Inferences: By instructing a jury to assume destroyed evidence was harmful to the defendant, the court effectively levels the playing field when critical documentation goes missing.
• Systemic Concerns: Legal advocates argue that the failure to preserve video evidence is a recurring issue that hinders the ability of families to seek justice in wrongful death claims.

Looking Ahead

As the U.S. Government continues to manage large-scale immigration detention operations, the pressure on private contractors to maintain rigorous record-keeping standards is intensifying. Immigration attorneys emphasize that the first step in such litigation is often a formal demand for the immediate cessation of video overwriting practices. With the number of deaths in detention remaining a critical point of concern, the legal system’s approach to evidence preservation will likely remain a central focus for civil rights advocates and plaintiffs’ counsel moving forward.