IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

WENDY KERNECHEL 

 

 Plaintiff, 

 

v. 

UNITED STATES OF AMERICA and 

OFFICER JIMMY HIGHSMITH, 

Defendants.

 Case No. 4:20-cv-00078-WS-MJF 

ANSWER 

 DEFENDANT, United States of America, answers the Complaint of 

Plaintiff WENDY KERNECHEL by numbered paragraphs, as follows: 

Jurisdiction 

1. Admitted that, as to the United States, the Court has jurisdiction 

pursuant to the Federal Tort Claims Act (FTCA) regarding compensatory damages, 

however, denied that the Court has jurisdiction to award declaratory or injunctive 

relief pursuant to the FTCA. Otherwise, denied. 

2. Admitted that Plaintiff filed an administrative claim which was

received on March 26, 2019, and that the administrative claim was not acted on 

within six months of its receipt. Otherwise, denied. 

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3. Admitted that, as to the United States, the Plaintiff has exhausted her 

administrative remedies regarding compensatory relief pursuant to the FTCA. 

However, denied that declaratory or injunctive relief is available through the 

FTCA. Otherwise, denied. 

4. Admitted that, as to the United States, the Plaintiff has exhausted her 

administrative remedies regarding compensatory relief pursuant to the FTCA. 

However, denied that declaratory or injunctive relief is available through the 

FTCA. Otherwise, denied. 

Parties 

5. Admitted that Plaintiff was an inmate at Federal Correctional 

Institution-Tallahassee (FCI Tallahassee) from May 31, 2017 to February 5, 2019, 

and that FCI-Tallahassee is in the Northern District of Florida. Otherwise, denied. 

6. Admitted that Defendant, Jimmy Highsmith, was a correctional 

officer at FCI Tallahassee. Otherwise, denied. 

7. Admitted that the United States has operated FCI Tallahassee and that 

Defendant Highsmith is and has been a Bureau of Prisons (BOP) employee. 

Otherwise, denied. 

Common Allegations of Fact 

8. Admitted. 

9. Admitted. 

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10. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

11. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

12. Admitted that the Bureau of Prisons continued to employ Officer

Highsmith following settlement by the United States of a civil case in which 

another inmate alleged sexual abuse by Officer Highsmith, otherwise denied. 

13. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

14. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

15. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

16. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

17. Denied that there has been a history of abusive treatment in the 

Special Housing Unit (SHU), otherwise, the United States lacks sufficient 

knowledge to form a belief as to the assertions made, and therefore denies them. 

18. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

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19. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

20. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

21. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

22. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

23. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

24. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

25. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

26. Admitted that, as a correctional officer, Officer Highsmith had the 

authority to recommend that Kernechel be placed in the SHU. As to the remaining 

allegations, the United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

27. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

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28. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

29. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

30. Admitted that there have been accusations of sexual abuse by inmates 

other than Wendy Kernechel which have led to investigations, otherwise denied. 

31. Admitted that there have been accusations of sexual abuse by inmates 

other than Wendy Kernechel which have led to investigations, and that starting 

during or around September of 2018, Highsmith’s assignments were at the Federal 

Detention Center, otherwise denied. 

32. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

33. Admitted that during September 2018, SIS Lt. Rivera interviewed

Plaintiff about her complaint that she had been sexually abused, otherwise denied. 

34. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

35. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

36. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

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37. Admitted that BOP records indicate Plaintiff met with Jennifer Rogers 

on September 27, 2018. 

38. Admitted that BOP records indicate Plaintiff was taken to a local 

hospital on September 27, 2018, otherwise, the United States is without sufficient 

knowledge to form a belief as to the assertion made. 

39. The United States is without sufficient knowledge to form a belief as 

to the assertion made. 

40. Admitted that a request to transfer Plaintiff was signed on January 11, 

2019, however, with respect to if and when Plaintiff may have requested such a 

transfer, the United States lacks sufficient knowledge regarding the precise date 

Plaintiff made such a request, and therefore denies the remainder of the allegation. 

41. Denied. 

42. Admitted. 

43. Admitted that records indicate that Plaintiff worked the “outside 

warehouse,” otherwise, the United States is without sufficient knowledge to form a 

belief as to the assertion made. 

44. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

45. Denied. 

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46. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

47. Denied. 

48. Denied. 

49. Denied. 

50. Denied. 

51. Denied. 

52. Admitted that Plaintiff submitted an administrative claim that was 

received by the BOP on March 26, 2019. 

53. Admitted that Plaintiff submitted an administrative claim that was 

received by the BOP on March 26, 2019. 

First Amendment Violation and Witness Intimidation 

54. Denied. 

55. Admitted that Plaintiff has First Amendment rights, otherwise denied. 

56. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

57. Denied. 

58. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

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59. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

60. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

61. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

62. Denied. 

63. Denied. 

64. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

65. Denied. 

66. Denied. 

67. Denied. 

68. Denied. 

69. Denied. 

Causes of Action 

I. Cruel and Unusual Punishment (Eighth Amendment) Highsmith 

70. - 77. Paragraphs 70 through 77 apply to Defendant Highsmith. 

Accordingly, the United States does not respond to Paragraphs 70 through 77. 

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II. Federal Tort Claims Act Claim (Negligence) as to United States 

78. Defendant realleges its responses to the common allegations as if set 

forth fully herein. 

79. Denied. 

80. Denied. 

81. Denied. 

III. Federal Tort Claims Act (Battery) as to Defendant United States 

82. Defendant realleges its responses to the common allegations as if set 

forth fully herein. 

83. Admitted that, as a correctional officer, Highsmith is a law 

enforcement officer, otherwise denied. 

84. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

85. Denied. 

86. The United States lacks sufficient knowledge to form a belief as to the 

assertions made, and therefore denies them. 

IV. Federal Tort Claims Act (Injunctive Relief) as to United States

87. Defendant realleges its responses to the common allegations as if set 

forth fully herein. 

88. Denied. 

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89. Denied. 

90. Denied. 

91. Denied. 

92. Denied that Plaintiff is entitled to injunctive relief. 

93. Denied. 

94. Admitted that sexual abuse can be harmful, otherwise United States, 

lacks sufficient knowledge to form a belief as to the assertions made, and therefore 

denies them. 

95. Admitted that the United States owes a duty of care to inmates within 

the care of the BOP, otherwise denied. 

96. Denied that there is a “malignant tradition at FCI Tallahassee,” and 

therefore otherwise denied. 

PRAYER FOR RELIEF 

This unnumbered paragraph and its subparts (A) through (F) represents 

Plaintiff’s “Prayer for Relief” and as such, require no response. To the extent that 

the paragraph may require a response the United States denies that Plaintiff is 

entitled to the relief sought. 

AFFIRMATIVE DEFENSES 

Having responded to the allegations contained in the complaint, the United 

States raises the following defenses: 

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1. Plaintiff’s claim for injunctive relief is not available pursuant to the 

FTCA, and therefore is barred by sovereign immunity. 

2. The United States is not subject to suit, and is not liable, for any acts 

committed outside the scope of any employee’s employment. 

3. The United States is not subject to suit, and is not liable, for any acts 

or omissions of an employee of the United States exercising due care in the 

execution of a statute or regulation. 

4. The United States is not subject to suit, and is not liable, for any claim 

based upon the exercise or performance or the failure to exercise or perform a 

discretionary function or duty on the part of a federal agency or an employee of the 

United States, whether or not the discretion involved be abused. 

5. The injuries and harm alleged by Plaintiff, if any, were not 

proximately caused by the negligent or wrongful acts of an agent or employee of 

the United States working within the scope of their employment. 

6. Any state or federal common or statutory law that limits the liability 

of a private individual, or the damages awarded, under similar circumstances to 

those alleged in the complaint, shall limit or preclude Plaintiff’s recovery against 

the United States. 

7. Plaintiff’s damages, if any, are limited to the amount claimed in the 

administrative claim to the BOP. 

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8. Under 28 U.S.C. § 2678, Plaintiff is not entitled to a separate award of 

attorney’s fees. 

9. Plaintiff is not entitled to punitive damages against the United States. 

10. Plaintiff is not entitled to prejudgment interest against the United 

States. 

11. Any damages demanded by Plaintiff shall be reduced by the amount 

of collateral sources, including but not limited to benefits, paid or payable, or 

otherwise available to Plaintiff. 

Defendant further asserts Plaintiff is not entitled to a jury trial in an action 

filed under the FTCA. See 28 U.S.C. § 2402. 

Any allegation of fact not expressly admitted herein is denied.

The United States hereby gives notice that it intends to rely upon such other 

defenses as may become available or apparent during the course of discovery and 

thus reserve their right to amend this Answer to assert such defenses. 

WHEREFORE, the Defendant respectfully requests the Court deny the relief 

requested by the Plaintiff. 

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Respectfully submitted, 

LAWRENCE KEEFE 

UNITED STATES ATTORNEY 

/s/ Peter Fisher .

Peter G. Fisher 

Assistant United States Attorney 

Florida Bar No. 0413010 

111 N. Adams Street 

Tallahassee, FL 32301 

850-942-8430 

peter.fisher@usdoj.gov 

Marie Moyle 

Assistant United States Attorney 

Florida Bar No. 1003498 

111 N. Adams Street 

Tallahassee, FL 32301 

marie.moyle@usdoj.gov 

850-942-8430 

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