United States District Court, W.D. Virginia, Lynchburg Division
FINDINGS OF FACT AND CONCLUSIONS OF LAW
K. MOON SENIOR UNITED STATES DISTRICT JUDGE.
Katherine Painter (“Plaintiff”) has moved for
default judgment against the lone remaining Defendant in this
case, Timothy Farrar (“Defendant”). (Dkt. 42).
Defendant previously worked as a correctional officer at the
Blue Ridge Regional Jail. Plaintiff alleges that while she
was at the jail he sexually assaulted and harassed her
several times. She brings suit under 42 U.S.C. § 1983,
seeking compensatory and punitive damages for injuries
resulting from the sexual assaults. Defendant has failed to
appear or defend the case in any way. In November 2017, the
Clerk docketed an entry of default. (Dkt. 40). In late May
2018, the Court held an evidentiary hearing on damages. (Dkt.
57). Due to issues regarding notice, the Court withheld
ruling on the motion for default judgment until now.
Plaintiff's motion for default judgment will be granted,
and damages will be awarded in the amount of $732, 888.
Findings of Fact
the spring of 2015, Plaintiff, a 31 year old female, was
imprisoned at the Lynchburg Adult Detention Center. (Compl.
¶ 16; H'rg Tr. at 8).
Defendant was an employee at the jail who worked the night
shift in the “intake department.” (Compl. at
Shortly after her arrival, Plaintiff was placed on suicide
watch. (Compl. at ¶ 18). Under this classification, she
was prevented from wearing normal clothes. Id. at
¶ 19. Instead, she was given only a “suicide
blanket” to cover herself and stay warm. Id.
one occasion, Defendant threatened to take her blanket away
from her. (Compl. at ¶ 20). Further, he would withhold
toilet paper and snacks unless she revealed herself to him.
Id. at ¶¶ 21, 22. He would also watch her
use the bathroom from outside her cell. Id. at
Plaintiff had a gastrointestinal (“GI”) tract
disorder, which Defendant knew about. He obtained access to
her medication and then used it as a means to extort sexual
favors. (Compl. at ¶¶ 24-31).
April 2015, Defendant withheld Plaintiff's medication
until she performed oral sex on him. (Compl. at ¶ 31).
Due to her GI sickness and the need for her medication, she
relented and performed oral sex on him. Id. at
¶¶ 31-39. She was in too much pain from her
sickness and too afraid of the consequences to deny him.
Id. at ¶ 39. Electronic records show that the
door to her cell was open for nine minutes on the night of
the incident. Id. at ¶ 40. Another correctional
officer and an inmate in a neighboring cell overheard the
sexual assault. Id. at ¶ 41-49.
After the incident, she felt upset, discouraged, drained, and
“lesser of a person.” (H'rg Tr. at 13).
May 2015, Defendant again withheld Plaintiff's medication
in exchange for sexual favors-this time engaging in forced
vaginal intercourse. (Compl. at ¶¶ 59-61). She
informed him that she could not perform oral sex, as he
requested, because she had just had a dental procedure
completed. Id. ¶¶ 56-57. He replied
“that he was going to do ‘something,' stood
Plaintiff up,  forcibly bent her body over a wooden bench
in her cell, ” and raped her. Id. at
After the incident, Plaintiff felt discouraged, shame, and as
though she had “no self-worth.” (H'rg Tr. at
18). She cried herself to sleep that night because of the
shame and the pain of experiencing such violence.
Id. at 20.
Plaintiff reported the incidents to another inmate, her
mother, and her significant other at the time. (Compl. at
¶¶ 63-64, 70, 76). She received mental health
counseling for the remainder of her time in jail. (H'rg
Tr. at 21).
a result of the sexual assaults, Plaintiff suffers from
post-traumatic stress disorder (“PTSD”), acute
anxiety, and depression. (Compl. at ¶ 94; H'rg Tr.
at 24). She has difficulty sleeping, out of fear of reliving
the incident, and ...