United States District Court, S.D. Indiana, Terre Haute Division
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R. SWEENEY II, JUDGE UNITED STATES DISTRICT COURT.
alleged that David Gray confined and sexually assaulted her
while she volunteered at the park where he worked. She
alleged that Gray took her to the park's restroom area
and told her that the facility needed cleaning. After locking
the door behind them, he allegedly forced Doe to perform oral
sex and digitally penetrated her vagina. Gray was charged
with rape, criminal confinement, and official misconduct. He
pleaded guilty to, and was convicted of, the latter two
sued Gray and Vigo County, Indiana, for damages under 42
U.S.C. § 1983 and state law. She claimed that Gray
violated her rights under the Fourth and Eighth Amendments to
the Constitution, applicable to the states through the
Fourteenth Amendment, and committed against her a No. of
torts under Indiana law. Gray failed to appear, and, on June
20, 2016, the Clerk entered default against him. See
Fed.R.Civ.P. 55(a). Because of the entry of default against
Gray, the well-pleaded allegations of the complaint relating
to liability are accepted as true. Black v. Lane, 22 F.3d
1395, 1399 (7th Cir. 1994). Summary judgment was granted in
favor of Vigo County on Doe's claims against it and
judgment was entered. The Seventh Circuit affirmed on appeal.
the district court on January 8, 2019, the Court conducted a
hearing on damages on Doe's claims against Gray. Doe
appeared in person and by counsel. Gray failed to appear.
Court takes judicial notice of the following documents: (a)
Charging Information against David Gray in Cause No.
84D01-1411-F3-2869 brought in the Vigo County Superior Court
1 (ECF No. 57-10); (b) David Gray Plea Agreement in Cause No.
84D01-1411-F3-2869 in the Vigo County Superior Court 1 (ECF
No. 57-11); and (c) all other documents in the Court's
record. Doe testified, and adopted as her sworn testimony the
following documents in the record: (a) the factual statements
in her Amended Complaint (ECF No. 35); (b) Doe's
testimony taken by deposition on January 13, 2017 (ECF No.
57-7); and (c) her May 11, 2017, affidavit (ECF No. 57-8).
The Court finds Doe's testimony and that of her
fiancé, Ryan Bayless, credible and persuasive.
considering the evidence presented at the hearing and the
record, the Court enters the following Findings of Fact and
Conclusions of Law under Federal Rule of Civil Procedure
52(a)., which are taken in large part from Doe's Proposed
Findings of Fact and Conclusions of Law. To the extent any of
the findings of fact constitute conclusions of law, they are
adopted as such and vice versa.
November 3, 2014, Jane Doe volunteered to help clean a park
in the City of Terre Haute, Indiana. She did this as part of
court-ordered probation for a misdemeanor sentence she was
serving. Her work was supervised by a parks department
employee, Defendant David Gray.
told Doe they would be cleaning a park restroom. When they
arrived at the restroom, Doe saw that Gray had made up a
makeshift bed from some blankets and a pallet. When they got
inside the restroom, Gray locked the door.
refused to allow Doe to leave the restroom. After the door
was locked, he kissed her and tried to touch her breasts. She
told him to stop and said she was not comfortable with it. He
put his hand in her pants. Gray pushed Doe to her knees, took
out his penis, and put it in her mouth. After forcing his
penis into her mouth for more than a minute, Gray pushed Doe
onto her back, pulled her pants down, and put his fingers
inside her vagina. She told him that she had a sexually
transmitted disease and that it would not be a good idea for
him to have sex with her. After four or five minutes, Gray
ejaculated onto the blanket. During the sexual assault, Gray
could see Doe crying.
left the park, drove herself to a hospital, and reported the
sexual assault. Her report resulted in Gray's arrest and
conviction for Confinement as a Level 5 felony under Indiana
law and for Official Misconduct, a Level 6 felony under
Indiana law. Upon his conviction, Gray was released from
pretrial home detention, and the balance of his sentence was
suspended to probation. His probation was completed in
suffered extreme humiliation, fear, and emotional distress as
a result of Gray's sexual assault. Her description of the
pain she has endured because of Gray's horrific assault
was credible, compelling, and persuasive. She testified that
the assault lasted approximately five to ten minutes, but it
“felt like hours.” During the attack, Doe felt
humiliated, disgusted, and helpless. She feared for her
safety and that of her child who was nearby. She also
testified about the mental anguish she suffered during the
After the assault, Doe could not eat or sleep. She felt the
need to shower several times every day. She began seeing a
therapist days after the attack. She testified that she has
been diagnosed with Post-Traumatic Stress Disorder. Doe
attends counseling usually two times per month, sometimes
once a week when things are bad.
Since Gray's attack, Doe has had difficulty being a
normal, happy, and supportive mother to her two daughters,
ages nine and thirteen, and her relationship with them has
been adversely affected. She struggles with being present to
them. She experiences guilt and negative feelings, which
create a vicious cycle for her. In addition, since the
assault, Doe has problems concentrating and focusing and she
explained how Gray's sexual assault of her has negatively
and directly affected her sexual relationship with her
fiancé, Ryan Bayless. The effects have continued at
least through the date of the damages hearing-more than four
years after the assault-and, based on ...