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Doe v. Gray

United States District Court, S.D. Indiana, Terre Haute Division

September 3, 2019

JANE DOE, Plaintiff,
DAVID GRAY, Defendant.



         Jane Doe[1] 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 offenses.

         Doe 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.

         Back in 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.

         The 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.

         After 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.

         Findings of Fact

         1. On 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.

         2. 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.

         3. Gray 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.

         4. Doe 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 October 2018.

         5. Doe 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 attack.

         6. 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.

         7. 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 fears strangers.

         8. Doe 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 ...

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