KD, et al vs. Douglas County Public School District No. 001, et al

Filing 185

MEMORANDUM AND ORDER - Default judgment is entered in favor of Plaintiffs and against Defendant Brian Robeson in the amount of $1,249,540.41. A separate judgment will be entered. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KD, Parent, Natural Guardian and Next
Friend of LD; and JD, Parent, Natural
Guardian and Next Friend of LD;

8:17CV285

Plaintiffs,
MEMORANDUM AND ORDER
vs.
BRIAN ROBESON
Defendant.

This matter is before the Court on Plaintiffs’ Motion for Default Judgment, ECF No.
176, on the issue of damages. In the Memorandum and Order dated February 20, 2020,
ECF No. 180, the Court granted Plaintiffs’ Motion for Default Judgment. On March 9,
2020, Plaintiffs appeared before the Court to present evidence on the issue of damages.
At the hearing on damages, Plaintiffs presented testimony from KD, JD, LD, Dr. Kevin
Ray Piske, and Father David Martin Korth. The Court also received into evidence Exhibit
206 and took judicial notice of evidence already electronically filed in the record.1
DISCUSSION
“When a default judgment is entered on a claim for an indefinite or uncertain
amount of damages, facts alleged in the complaint are taken as true, except facts relating
to the amount of damages, which must be proved in a supplemental hearing or
proceeding.” Everyday Learning Corp. v. Larson, 242 F.3d 815, 818 (8th Cir. 2001).

1 At the hearing, Plaintiffs’ counsel represented that, except for Exhibit 206, the evidence presented
at the hearing corresponded to evidence presented during summary judgment proceedings. Further review
revealed that the evidence presented at the hearing did not correspond to the evidence at summary
judgment proceedings, though it appears some of the documents have been filed with the Court.

1

Plaintiffs bear the burden of establishing damages “to a reasonable degree of certainty.”
See id. Plaintiffs have presented evidence of general and special damages2 and the
Court has reviewed Plaintiffs’ evidence under this standard.
General Damages
Plaintiff LD’s testimony established that she suffered significant damages because
of Robeson’s conduct. LD’s testimony was corroborated by the testimony of the other
witnesses. After reviewing the evidence in the record and comparing jury verdicts in
similar cases, the Court concludes that LD is entitled to general damages in the amount
of $1,000,000.00.
Special Damages
Plaintiffs have submitted proof of LD’s future special damages. At the evidentiary
hearing, Plaintiffs introduced the Declaration of S. Ryan Greenwood, Exhibit 206, which
detailed Plaintiffs’ request for LD’s future mental health treatment. Plaintiffs’ calculation
of the cost of future mental health treatment considered the projected inflation rate and
discounted the total amount to present value. The Court has reviewed the calculation
and concludes that Plaintiffs’ request is reasonable. Accordingly, Plaintiffs are awarded
special damages in the amount of $249,540.41.
The Court cannot determine the amount of the Plaintiffs’ damages for LD’s past
medical or mental health treatment or any other special damages. Although Plaintiffs
have referred to expenses for past treatments, Plaintiffs have not submitted invoices or
any documents providing a partial or comprehensive summary of LD’s care. At the
hearing, Plaintiffs presented testimony of the cost of therapy for KD and JD, but counsel

Plaintiffs’ Complaint also made a request for punitive damages under 42 U.S.C. § 1983 but
Plaintiffs have not presented any argument or request for punitive damages at this stage.
2

2

for Plaintiffs made clear that they were not seeking special damages for anyone other
than LD. Instead, such testimony was meant to show the “full insult” to the entire family.
KD also testified that the family’s annual deductible and co-pay expenses were about
$5,000, but KD was not sure whether the family actually paid that amount each year and
there was no evidence of actual medical expenses for LD. Plaintiffs have not attempted
to provide any evidence of LD’s past medical expenses “to a reasonable degree of
certainty.” See Everyday Learning, 242 F.3d at 818. Accordingly, the Court cannot enter
a special damages award for these expenses.
IT IS ORDERED:
1.

Default judgment is entered in favor of Plaintiffs and against Defendant
Brian Robeson in the amount of $1,249,540.41; and

2.

A separate judgment will be entered.

Dated this 18th day of March, 2020.
BY THE COURT:
s/Laurie Smith Camp
Senior United States District Judge

3