Doe v. Hyassat

Background

Jane Doe alleged that Mutaz Hyassat drugged her at a restaurant on July 7, 2017, and sexually assaulted her while she was unconscious and unable to consent. She alleged that she later received medical treatment, reported the incident to the New York City Police Department, and experienced physical, neurological, psychological, and emotional injuries. The complaint asserted claims for assault and battery, false imprisonment, and intentional infliction of emotional distress.

The opinion states that Doe is a citizen of New Jersey and that Hyassat is a citizen of Jordan who works for the United Nations Advisory Committee on Administrative and Budgetary Questions. The court previously determined that Hyassat did not have immunity for the alleged conduct at the time of the assault.

Procedural History

Hyassat was eventually served with the amended complaint but did not respond or appear. The Clerk issued a certificate of default, and the court entered an order of default after Hyassat did not appear at a scheduled hearing. The court referred the case to Magistrate Judge Ona Wang to determine damages.

Judge Wang recommended $1.25 million in compensatory damages, $1.25 million in punitive damages, and post-judgment interest under 28 U.S.C. § 1961(a). Neither party objected to the Report and Recommendation. Because there were no timely objections, Judge Gardephe reviewed the recommendation for clear error on the record.

Liability

A default means that a defendant who fails to defend generally admits the complaint’s well-pleaded factual allegations, but it does not automatically establish legal liability or the amount of damages. The district court must still determine whether the allegations establish liability as a matter of law.

Judge Gardephe concluded that the allegations adequately established the assault-and-battery claims under New York law. The allegations that Hyassat drugged Doe, brought her to his Manhattan apartment, and sexually assaulted her while she was unconscious were also sufficient to establish the elements of false imprisonment. The court further concluded that the allegations of drugging, sexual assault, resulting physical injuries, and severe long-term emotional distress sufficiently stated a claim for intentional infliction of emotional distress.

Damages

The court explained that a default does not admit allegations about damages. Instead, the court must determine the amount with reasonable certainty. Judge Wang relied on Doe’s affidavit, her mother’s affidavit, and medical records, including a neuropsychological evaluation.

The evidence described sexually transmitted diseases, permanent vision loss, mild neurocognitive disorder, depressive disorder, anxiety disorder, a provisional diagnosis of post-traumatic stress disorder, ongoing treatment, inability to work full time, and serious emotional distress. Judge Gardephe found that $1.25 million was fair and reasonable compensation for past and future pain and suffering.

The court also approved $1.25 million in punitive damages. It found that the conduct was extremely cruel, malicious, and predatory, and that punitive damages were appropriate to punish and deter such conduct. The court concluded that the punitive award was proportionate to the circumstances and found no clear error in Judge Wang’s recommendation.

Disposition

Judge Gardephe adopted Judge Wang’s Report and Recommendation in its entirety. The court awarded Jane Doe $1.25 million in compensatory damages and $1.25 million in punitive damages. Post-judgment interest on the full amount will accrue from the date judgment is entered at the rate provided by 28 U.S.C. § 1961(a). The Clerk was directed to enter judgment against Mutaz Hyassat and close the case.