O'Connor et al v. Cunningham et al

Filing 57

REPORT AND RECOMMENDATION: The undersigned recommends that compensatory damages of $300,000 be awarded to Jane Doe against Defendant Christopher Cunningham. The undersigned further recommends that Tabetha O'Connor, Ricky O'Connor, an d Shawn OConnor be awarded compensatory damages of $75,000 each against Defendant Cunningham. The undersigned further recommends that punitive damages of $300,000 be awarded to Jane Doe against Defendant Christopher Cunningham. The unders igned further recommends that Tabetha O'Connor, Ricky O'Connor, and Shawn O'Connor be awarded punitive damages of $75,000 each against Defendant Cunningham. Signed by Magistrate Judge E. Clifton Knowles on 7/25/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TABETHA O’CONNOR, et al.,
Plaintiffs,
v.
DEPUTY CHRISTOPHER
CUNNINGHAM and SUMNER
COUNTY, TENNESSEE,
Defendants.

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Case No. 3:13-cv-00229
Judge Crenshaw/Knowles

REPORT AND RECOMMENDATION
Pursuant to previous Orders (Docket Nos. 53, 55) the undersigned held a hearing on the
issue of damages against the defaulted Defendant Christopher Cunningham. Mr. Cunningham
did not appear for the hearing, and counsel for Plaintiffs stated that he had heard nothing from
Mr. Cunningham to indicate that he had planned to attend the hearing.
Judge Crenshaw has previously set forth the following undisputed facts in his ruling upon
a Motion for Summary Judgment filed by Defendant Sumner County, Tennessee:
On July 26, 2012, at approximately 3:00 a.m., Cunningham
stopped thirteen-year-old Jane Doe, her sixteen-year-old boyfriend
John Doe, and eighteen-year-old Shawn O’Connor on a street in
Sumner County. (Doc. No. 23-7 at 1). Jane Doe and John Doe
were in a non-physical argument over pictures of herself that she
sent to another boy. (Doc. No. 23-2 at 17.) Cunningham asked
Jane Doe if John Doe assaulted her, which she denied. (Doc. No.
23-7 at 1). He then left the boys in front of the car and took Jane
Doe to the back of his car and asked her to raise her shirt to her
midriff so that he could check for bruises. (Id.) Cunningham then
checked her pockets with his hands. (Id.) At approximately 3:15

a.m., Cunningham transported all three back to Jane Doe’s
residence. (Id.)
At the residence, Cunningham left the two boys unattended inside
the patrol car and went inside the house with Jane Doe. (Id.)
Cunningham told Jane Doe not to wake her parents. (Id.)
Cunningham looked through Jane Doe’s mother’s cell phone
because that is the phone on which Jane Doe took the pictures of
herself, but she had already deleted the pictures she sent to the
other boy. (Id.) Jane Doe cannot remember if she consented to the
search of her mother’s cell phone. (Doc. No. 23-2 at 28).
Cunningham asked Jane Doe to change into the bra and shirt she
was wearing in the pictures she sent the other boy. (Id.) He left
the room while she was changing, but did not shut the door all the
way. (Id.) He took pictures of Jane Doe changing. (Doc. No. 23-5
at 4.)
Docket No. 54, p. 2.
The four Plaintiffs testified at the hearing. Plaintiff Jane Doe is now seventeen years old.
She described her fears and feelings during the events discussed above. She described how the
incident has affected her. She stated that, if she goes outside her house, she is afraid that
Defendant will stalk her. She is afraid that he will try to do worse the next time. She does not
like police officers now, and is afraid they will stop her. She stated she is always watching her
back. She cries at random times. She testified that she stays up virtually every night until 6:00
a.m. so that Defendant cannot sneak up upon her. She does not have sleepovers with friends, but
rather locks herself in her room, and makes excuses for not going.
At some point, she began cutting her left arm with a razor. She did, however, stop that
behavior.
The incidents were reported on a television news station, with Plaintiff’s name being
broadcast. She had problems at school because of the incidents. People made fun of her, she

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was threatened by other girls, and she was pushed into lockers by boys. She had no friends, she
was depressed, she was called derogatory names, and she left school in the eighth grade to be
home-schooled.
She worries about Defendant coming back and killing her whole family. She is not as
close to her mother and father, and feels that they are “over-protective.” She testified that she
cries “for no reason” as often as once a week.
Ricky O’Connor, the father of Jane Doe, testified as follows. Jane Doe is a different
person since the incidents referred to above. She is not as outgoing. He worries because he does
not know where Defendant is. He feels guilty that he did not protect his daughter. He stated that
he is often up for three or four hours at night, worrying about what might happen.
Tabetha O’Connor, Jane Doe’s mother, testified as follows. She confirmed that Jane
Doe’s testimony is true. She and her husband never had any trouble with Jane Doe before the
incident occurred. She testified that she herself is now depressed and sad. Jane Doe used to be
happy, but she is not anymore. She feels that Defendant “invaded our privacy,” and she testified
that she is now a light sleeper.
Shawn O’Connor, Jane Doe’s brother, testified as follows. He knows he did nothing
wrong to justify being stopped by Defendant, and Defendant never said that he had done anything
wrong. He stays in his room “all the time,” and he is afraid of police. He stays up until 1:00
a.m., and is a little afraid to go to sleep. He is not getting over his fear of police officers.
In view of the foregoing testimony, Plaintiffs’ counsel suggested that the Court assess
compensatory damages in favor of Plaintiff Jane Doe against Defendant Christopher
Cunningham in the amount of $300,000. He also suggested compensatory damages in the
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amount of $75,000 each for Tabetha O’Connor, Ricky O’Connor, and Shawn O’Connor. He
further suggested punitive damages for each Plaintiff against Defendant Christopher Cunningham
in the same amounts.
There is no question in the Court’s mind that the O’Connor family was severely
traumatized by willful conduct of Defendant, who was acting in his capacity as a deputy sheriff at
the time. They have experienced pain and suffering and severe emotional distress, which are
likely to continue into the future.
For the foregoing reasons, the undersigned recommends that compensatory damages of
$300,000 be awarded to Jane Doe against Defendant Christopher Cunningham. The undersigned
further recommends that Tabetha O’Connor, Ricky O’Connor, and Shawn O’Connor be awarded
compensatory damages of $75,000 each against Defendant Cunningham.
The undersigned further recommends that punitive damages of $300,000 be awarded to
Jane Doe against Defendant Christopher Cunningham. The undersigned further recommends
that Tabetha O’Connor, Ricky O’Connor, and Shawn O’Connor be awarded punitive damages of
$75,000 each against Defendant Cunningham.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),
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reh’g denied, 474 U.S. 1111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

________________________________
E. CLIFTON KNOWLES
United States Magistrate Judge

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