3:18-cv-00252
E.D. Tenn.May 20, 2020Background
- On June 22, 2017 Ronald and Lakeisha Childers, working as field agents delivering mortgage-related notices, visited a property in Pioneer, Tennessee; neighbors blocked their vehicle and confronted them.
- Defendant Donald Gagne arrived, identified himself as a police officer (briefly flipped a wallet/badge), drew a handgun, ordered Ronald out, forcibly removed and struck him, and—according to Plaintiffs—shut Ronald’s finger in the car door; the encounter was partly recorded on a cellphone video.
- Plaintiffs sought medical treatment (collective medical charges $2,227.98) and alleged emotional distress; Lakeisha sought therapy and medication for anxiety, depression, and PTSD symptoms.
- Procedurally: Complaint filed June 22, 2018; clerk entered default against Gagne Sept. 12, 2018; Plaintiffs moved for default judgment; Gagne failed to appear at the show-cause and damages hearings (Nov. 12, 2019 and Jan. 15, 2020).
- The magistrate judge treated Plaintiffs’ well-pleaded allegations as true due to the default, found Gagne violated 42 U.S.C. § 1983 and committed assault and battery, and recommended entry of default judgment in part with specified damages.
- Recommended awards: Lakeisha—$50,000 compensatory + $50,000 punitive; Ronald—$100,000 compensatory + $100,000 punitive; plus post‑judgment interest and costs (total recommended award $300,000).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment should be entered | Default and failure to respond/supporting affidavit justify default judgment | No appearance or defense presented | Recommended: default judgment entered against Gagne |
| Whether Gagne is liable under § 1983 and for assault/battery | Gagne used apparent police authority, used force and a firearm, causing physical and emotional harm | No response/defense presented | Held: well‑pleaded allegations taken as true; Gagne adjudged to have violated § 1983 and committed assault and battery |
| Proper compensatory damages | Plaintiffs sought $250,000 each (collectively sought $250,000 compensatory and $250,000 punitive) | No response | Held: Lakeisha awarded $50,000 (compensatory); Ronald awarded $100,000 (compensatory), including medical expenses and emotional harm |
| Punitive damages and ancillary relief | Plaintiffs sought punitive damages ($250,000 each) and post‑judgment interest/costs | No response | Held: punitive awards of $50,000 (Lakeisha) and $100,000 (Ronald) recommended; post‑judgment interest and costs also recommended |
Key Cases Cited
- Thomas v. Miller, 489 F.3d 293 (6th Cir. 2007) (entry of default conclusively establishes factual predicates of a claim)
- AF Holdings LLC v. Bossard, 976 F. Supp. 2d 927 (W.D. Mich. 2013) (well‑pleaded allegations treated as true after default)
- Martell v. Boardwalk Enter., Inc., 748 F.2d 740 (2d Cir. 1984) (courts may consider comparable awards when assessing damages)
- Hagge v. Bauer, 827 F.2d 101 (7th Cir. 1987) (punitive damages appropriate for wanton, willful, or malicious conduct)
- Thomas v. Arn, 474 U.S. 140 (1985) (failure to timely object to a magistrate judge’s report waives appellate review)