Summary
awarding $100,000 in compensatory damages to an inmate who was raped, assaulted, and harassed by Department of Corrections official following entry of default judgment
Summary of this case from McPeters v. ThomasOpinion
No. 5:09-CT-3187-D
03-04-2013
SANDRA ETTERS, et al., Plaintiffs, v. SECRETARY KIERNAN SHANAHAN, et al., Defendants.
ORDER
On February 6, 2013, Magistrate Judge Gates issued a Memorandum and Recommendation ("M&R") [D.E. 151, 153]. In that M&R, Judge Gates recommended that Etters be awarded $100,000 in compensatory damages and $100,000 in punitive damages, for a total damages award of $200,000 from defendant Charlie Cortez Simms. No party filed objections to the M&R.
"The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (alteration in original) (emphasis removed) (quotation omitted). Absent a timely objection, "a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id. (quotation omitted).
The court has reviewed the M&R [D.E. 151], the order correcting a typographical error in the M&R [D.E. 153], the record, and the briefs. The court is satisfied that there is no clear error on the face of the record. Accordingly, the court accepts the M&R. Etters is awarded $100,000 in compensatory damages and $ 100,000 in punitive damages, for a total damages award of $200,000 from defendant Charlie Cortez Simms.
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JAMES C. DEVER III
Chief United States District Judge