Eduardo was an officer for the State of Mind City police department. After a fight between Eduar and Noonian Soong, an African American male, the Police Department and Eduardo personally were sued for violating Noonian's civil rights. As part of discovery during the lawsuit, Noonian's attorney requested Eduardo's disciplinary records. State of Mind City responded that those records were not available. State of Mind City said it had a document retention policy of retaining disciplinary records for 6 months, then destroying them.

Should State of Mind City be held in contempt (acting contrary to court order) for failing to supply the records? In your answer, be sure to respond whether it makes a difference when the records were destroyed. Also, in your answer, explain whether it makes a difference that Eduardo's disciplinary records were destroyed but another office, Janine, had records that were not destroyed. Assume that Janine's disciplinary records were identical to Noonian's.