Townsend v. Wayne County, Missouri et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
BRANDY TOWNSEND, 	)
)
Plaintiff, 	)
v. 	) 	Case No. 1:24-cv-00216-SEP
)
WAYNE COUNTY, MISSOURI, et al., 	)
)
Defendant. 	)
MEMORANDUM AND ORDER
Before the Court is Plaintiff’s motion for default judgment, Doc. [18]. As set forth
below, the motion is denied but Plaintiff may refile it according to the Court’s instructions.
FACTUAL B ACKGROUND
Plaintiff filed this action on November 20, 2024, alleging she was sexually abused as a
pretrial detainee at Wayne County Jail by Wayne County Sheriff’s Department employee James
Goudey, bringing claims under 42 U.S.C. § 1983 and tort law for infliction of emotional distress,
assault, and battery, requesting compensatory and punitive damages. Doc. [1]. Plaintiff filed an
executed summons reflecting service upon Defendant James Gouedy on January 18, 2025. Doc.
[14]. Plaintiff also sued Wayne County; Dean Finch, the Sheriff of Wayne County; and
Christopher Schulz, an employee of Wayne County. Doc. [1]. On August 19, 2025, Plaintiff
filed a stipulation dismissing all defendants except Defendant Gouedy in light of a settlement,
which the Court ordered. Docs. [19], [20]. To date, Defendant Gouedy has not appeared
personally or through counsel or filed any response in this action. In her motion for default
judgment, Plaintiff requests that Defendant Gouedy “be prevented from arguing against
[P]laintiff’s Complaint and, for such other and further relief as the Court deems just and proper.”
Doc. [18] at 2. With the motion, Plaintiff filed the return of service for Defendant Gouedy, Doc.
[18-1], and a proposed order providing only that Gouedy “be prevented from arguing against
Plaintiff’s Complaint at issue in this case.” Doc. [18-2].
DISCUSSION
A party entitled to judgment by default is required to prove the amount of damages to be
awarded. Oberster v. Fed. Deposit Ins. Corp., 987 F.2d 494, 505 n.9 (8th Cir. 1993). That party
must establish, with reasonable certainty, the basis for an award of damages. Everyday Learning
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Corp. v. Larson, 242 F.3d 815, 818-19 (8th Cir. 2001) (affirming district court’s decision to not
award damages where damages were “speculative and not proven by a fair preponderance of the
evidence”). Although a defaulting defendant “is deemed to have admitted all well pleaded
allegations in the complaint,” Taylor v. City of Ballwin, Mo., 859 F.2d 1330, 1333 n.7 (8th Cir.
1988), the plaintiff must prove the facts as to the amount of damages to a reasonable degree of
certainty. Id. at 1333; Everyday Learning Corp., 242 F.3d at 818. A default judgment cannot be
entered until the damages amount has been ascertained. Hagen v. Sisseton-Wahpeton Cmty.
Coll., 205 F.3d 1040, 1042 (8th Cir. 2000).
Plaintiff has not made clear if she is seeking monetary damages; nor has she provided
evidence supporting any particular amount of such damages. Plaintiff’s motion for default
judgment, Doc. [18], is therefore denied without prejudice to refiling with greater clarity about
damages. Plaintiff may either clearly state that she is not seeking damages, or she may provide
evidence establishing her entitlement to a certain amount of damages based on the facts in the
Complaint. See Everyday Learning Corp., 242 F.3d at 818. The parties are advised that the
Court intends to decide the matter on Plaintiff’s submissions and Defendant(s)’ response, if any,
and does not deem an evidentiary hearing or oral testimony necessary at this time. See
Stephenson v. El-Batrawi, 524 F.3d 907, 916 (8th Cir. 2008).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment, Doc. [18], is
DENIED without prejudice.
IT IS FURTHER ORDERED that Plaintiff shall have 30 days from the date of this
Order to file an appropriate motion for default judgment, either clearly requesting no monetary
damages or requesting a specific amount supported by all affidavits, documentation, and other
evidence necessary for assessing damages, along with an appropriate proposed default judgment
for entry by the Court. Any affidavits and declarations must be signed under penalty of perjury,
and they and all other relevant materials must be filed with the motion. Extraneous or irrelevant
material will not be considered.
Dated this 4th day of February, 2026.
SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE
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