US Federal, Southern District of New York · 2021 · Fabrication
Rossbach v. Montefiore Medical Center
(S.D.N.Y. 2021, aff'd 2d Cir. 2022)
What happened
The plaintiff in a sexual harassment claim against Montefiore Medical Center produced JPEG screenshots of text messages purportedly received from a supervisor. Technical analysis of the screenshots revealed multiple anachronisms: the emoji designs, iPhone UI elements, font rendering, and contact information display did not match any version of iOS that existed at the time the messages were claimed to have been sent. The defendant moved for dismissal on the basis of fabricated evidence, and the court granted dismissal with prejudice together with sanctions. The Second Circuit affirmed. The case has become a widely-cited authority in discussions of fabricated digital evidence, illustrating that even visual screenshots, which appear straightforwardly authentic, carry embedded signals of their true creation environment that can expose fabrication.
Outcome
Dismissed with prejudice. Sanctions awarded. Affirmed on appeal.
Sources
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