UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ASHLEY BARNETT,

Plaintiff,

v.

UNITED STATES OF AMERICA and

PAUL ROLSTON,

Defendants.

Case No. 4:20-cv-449

COMPLAINT FOR DAMAGES

Plaintiff sues Defendants and alleges as follows:

Jurisdiction

1. This Court has jurisdiction of this action under 28 U.S.C. §§1331 and 1346 

and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 

403 U.S. 388 (1972) and 28 U.S.C. §2671, et. seq., Federal Tort Claims Act.

2. Plaintiff filed a claim under the Federal Tort Claims Act on July 2, 2018

(attached as Exhibit 1), which has not been honored and is deemed denied.

3. Plaintiff has exhausted her administrative remedies and obtained the relief 

that the administrative remedies could afford, to wit: an investigation.

4. Plaintiff has otherwise performed all acts precedent to bringing this suit or 

such acts have been waived.

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 1 of 15
Parties

5. At all times material hereto, Plaintiff ASHLEY BARNETT was a federal 

prisoner confined in FCI Tallahassee, in Tallahassee, Florida, which facility 

is within the Northern District of Florida.

6. At all times material hereto, Defendant PAUL ROLSTON was a Physicians’ 

Assistant at FCI Tallahassee, which facility is within the Northern District of 

Florida. Defendant Rolston acted in the course and scope of his employment.

7. At all times material hereto, Defendant UNITED STATES OF AMERICA 

owned and operated a corrections facility known as FCI Tallahassee and 

were the employers of Defendant ROLSTON.

Common Allegations of Fact

8. In 2016, Ashley Barnett was a federal prisoner confined at Federal 

Correctional Institution (FCI) Tallahassee in Tallahassee, Florida.

A. Abuse of Plaintiff by Paul Rolston

9. During her time there, FCI Tallahassee Physician’s Assistant (PA) Paul 

Rolston sexually assaulted Ms. Barnett and other women at his clinic. 

10. During Plaintiff’s incarceration at FCI Tallahassee, PA Rolston would 

sexually assault women, including claimant, while conducting putative 

pelvic exams, Papanicolaou tests, and breast exams on female inmates.

11. PA Rolston repeatedly performed unnecessary intrusive intimate 

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 2 of 15
examinations with no medical purpose on female inmates at his clinic. 

12. On October 17, 2018, Ashley Barnett went to see PA Rolston with a 

complaint of pain in her left arm and a family history of blood clots. 

13. On her arrival, PA Rolston told Ms. Barnett she needed both pelvic and 

breast exams with a Papanicolaou test though she made no such request. 

14. When Ms. Barnett questioned the need for these intrusive examinations 

based on her very different symptoms, PA Rolston responded “Sometimes 

even when you’re looking in a field of lions you may find a zebra.” 

15. Ms. Barnett did not need, request, or want these intrusive examinations. 

16. Nurse Jalandrian Reed was present to chaperone the exams. PA Rolston 

explained to Nurse Reed the exams he intended to conduct. 

17. PA Rolston asked Ms. Barnett to fully undress and left the room. 

18. Nurse Reed’s face showed an expression of disgust and while PA Rolston 

was not in the room, Nurse Reed said to Ms. Barnett, “Just ignore my face.” 

19. Ms. Barnett responded, “You’re probably thinking what I’m thinking.” 

When the Nurse asked what Ms. Barnett was thinking, Ms. Barnett 

responded “He just creeps me out.” PA Rolston returned to the room.

20. PA Rolston asked Ms. Barnett to lie down on the exam table and he pulled 

the disposable sheet down to her mid stomach, baring her breasts. 

21. PA Rolston spent an inordinately long time examining each of Ms. Barnett’s 

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 3 of 15
breasts. PA Rolston slowly pressed up and down on each breast. 

22. Rolston moved right to left with his fingertips, touching plaintiff’s nipples. 

23. Rolston took Ms. Barnett’s hand and pressed it against parts of her breast,

claiming to show her the difference in tissue in different parts of the breast. 

24. PA Rolston then pinched both Ms. Barnett’s nipples, which Rolston later 

denied but which his chaperone said was a normal part of the exam. 

25. While the examination was going on, Nurse Reed was facing away from Ms. 

Barnett and PA Rolston the entire time, writing on a piece of paper.

26. PA Rolston then told Ms. Barnett to scoot down and spread her legs. 

27. Once she complied, PA Rolston tapped two ingrown hairs in Ms. Barnett’s 

pubic region and told her that she needed to shave with the hair grain. 

28. Ms. Barnett did not request any advice from Rolston about her pubic hair.

29. PA Rolston then firmly touched Ms. Barnett’s clitoris, spread her labia and 

inserted two fingers into her vagina. Ms. Barnett experienced PA Rolston 

“digging” inside of her vagina, moving side to side and going deeper. 

30. PA Rolston told Ms. Barnett that she had a deep cervix. By this time, Ms. 

Barnett was certain that she was being sexually assaulted by PA Rolston.

31. PA Rolston then removed his fingers and placed a speculum inside of Ms. 

Barnett’s vagina. PA Rolston swabbed Ms. Barnett’s vaginal walls. 

32. He then put a finger in plaintiff’s rectum. He removed this finger, tapped

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 4 of 15
plaintiff’s knee, and told her he was stepping out for her to get dressed. 

33. Ms. Barnett felt violated and was made to feel she had to endure the assault 

from PA Rolston to access the medical care she needed for her arm.

34. Rolston returned, spread Plaintiff’s legs and pressed his groin to her knee. 

35. PA Rolston pressed his stethoscope against Ms. Barnett’s chest. 

36. As Rolston did so he again rubbed his groin against Ms. Barnett’s knee. 

37. PA Rolston then called Dr. Jimenez. When Dr. Jimenez arrived, PA Rolston 

never mentioned that he had done pelvic or breast examinations.

38. After this assault, Ms. Barnett reported PA Rolston’s offensive acts and a 

Prison Rape Elimination Act (PREA) investigation was conducted. 

39. On November 21, 2018 Ms. Barnett went to medical and was referred to PA 

Rolston, despite her report of her assault. When Ms. Barnett told staff that 

PA Rolston was not allowed to see her, she saw Dr. Jimenez instead.

40. Despite the PREA investigation, Rolston was still allowed to work around 

Barnett as a security officer with a loaded gun, making Barnett feel at risk. 

41. Inmates Tonya Reid and Wendy Kernechel witnessed these events.

42. As a result of the abuse, Plaintiff suffered physical trauma, invasion of her 

person, great emotional harm, anguish, insecurity, self-revulsion, damage to 

self-esteem, shame, humiliation, anxiety, depression, loss of sleep, alienation 

from her husband, and an impaired ability to comfort her children.

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 5 of 15
43. Ms. Barnett knows many other women in the compound with similar 

complaints against PA Rolston. These include Beth Farber, Daphne 

Rodriguez, Connie Batchelor, Sonia Dodd, and Kalena Winston, and others 

who did not wish to be identified for fear of retaliation.

44. PA Rolston was frequently a topic of conversation among FCI Tallahassee 

inmates, along with a characteristic hand gesture as if probing a vagina with 

two fingers while stroking a clitoris with a thumb.

45. At the time of these events, FCI Tallahassee security officials were well 

aware of numerous other sexual assaults on inmates by prison employees.

46. Prison officials empowered and abetted its staff’s sexually abusive acts.

47. FCI Tallahassee had an informal policy of turning a blind eye to abuse and 

leaving suspected abusers in a position to continue their abusive conduct.

48. Currently pending before this court are three cases involving sexual 

misconduct by Rolston, part of the Rolston cycle, and three cases involving 

sexual misconduct by Officer Jimmie Highsmith, part of the Highsmith 

cycle. In both the Rolston cycle and the Highsmith cycle, each offender 

sexually abused roughly a dozen known women and probably more. In both 

cases, BOP management was well-informed of the sexual misconduct after 

the early cases and left the offenders to prey on additional victims. 

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 6 of 15
Causes of Action

I. Cruel and Unusual Punishment (Bivens): Paul Rolston

49. Plaintiff Barnett is entitled to relief against Paul Rolston because he violated 

her Eighth Amendment rights through coercive sexual acts involving sexual 

penetration, more fully set out in the Common Allegations above.

50. Defendant Rolston intended to cause this harmful and offensive contact

which was ostensibly part of his job but done for his sexual gratification.

51. The sexual abuse of Plaintiff by Rolston was accomplished under color of 

law and subjected and caused Plaintiff to be deprived of rights, privileges or 

immunities secured by the Eighth Amendment to the U.S. Constitution.

52. Rolston was emboldened to physically abuse inmates because the prior 

reports of sexual predations by him were never punished.

53. Repeated sexual abuse is not part of the penalty criminal offenders pay for 

their offenses against society and constitutes a cognizable claim of cruel and 

unusual punishment under the Eighth Amendment.

54. As a result of the sexual abuse of Plaintiff by Defendant Rolston, Plaintiff 

suffered physical trauma and invasion of her person, suffered and continues 

to suffer physical harm, emotional harm, anguish, insecurity, self-revulsion, 

damage to her self-esteem and self-worth, shame and humiliation.

WHEREFORE, Plaintiff seeks relief as noted below.

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 7 of 15
II. Federal Tort Claims Act Claim as to the United States

55. Plaintiff is entitled to relief against Defendant, United States of America

because it breached its duty of care to Plaintiff, an inmate in its care and 

custody, as more fully set out in the Common Allegations above, in that it 

negligently operated and managed FCI Tallahassee by:

a. Hiring, retaining and entrusting Defendant Rolston who is, and was or 

should have been known to Defendant to be of such poor moral 

character, temperament, and disposition as to be unfit to be hired and 

retained as a medical provider with power over the Plaintiff.

b. Failing to implement such policies and procedures for the operation and 

management of FCI Tallahassee as would reasonably protect Plaintiff 

and others detained or incarcerated in the corrections facility from 

Defendant Rolston or other predatory corrections facility employees.

c. Failing to properly supervise, investigate, and review the operation and 

management of the corrections facility, its medical operations and its 

security and investigative personnel, and the activities and performance 

of Defendant Rolston as an employee.

d. Failing in the course of its investigation of Rolston’s sexual abuse of 

Barnett to protect numerous other female inmates abused by Rolston in 

much the same way as he abused the Plaintiff.

e. Failing in the course of its investigation of the sexual abuse of other 

inmates to protect subsequent victims like Barnett.

56. The negligence of Defendant United States of America was wrongful as a 

tort under the law of Florida and of the United States and without excuse or 

justification under any applicable state or federal statute or rule.

57. As a result of the wrongful acts of Defendant United States of America, 

Plaintiff suffered physical trauma and invasion of her person, suffered and 

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 8 of 15
continues to suffer great emotional harm, anguish, insecurity, self-revulsion, 

damage to her self-esteem and self-worth, shame and humiliation.

WHEREFORE, Plaintiff seeks relief as noted below.

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

58. Plaintiff is entitled to relief against the United States of America because 

Defendant Rolston sexually battered her under the color of law, as more 

fully set out in the Common Allegations, above.

59. Defendant Rolston performed deliberate sexual acts on Plaintiff without her 

freely-given consent and such acts were wrongful as a tort under the law of 

Florida and of the United States and without justification or excuse under 

any applicable state or federal statute or rule.

60. In committing the abuse, Defendant Rolston was acting within the course 

and scope of his employment with Defendant United States of America, 

using the powers given him by his employers.

61. As a result of the abuse by Defendant Rolston, Plaintiff suffered physical 

trauma, invasion of her person, suffered and continues to suffer great 

emotional harm, anguish, insecurity, self-revulsion, damage to self-esteem, 

shame and humiliation, anxiety, depression, loss of sleep, alienation from 

her husband, and an impaired ability to comfort her children.

WHEREFORE, Plaintiff seeks relief as noted below.

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 9 of 15
Prayer for Relief

WHEREFORE, the Plaintiff respectfully seeks judgment as follows:

A. That the Court assume jurisdiction over this action;

B. Declare that the acts and omissions described herein violated Plaintiff’s 

rights under the Constitution and Laws of the United States and Florida;

C. Award compensatory damages against each of the defendants herein;

D. Award punitive damages against Individual Defendants under federal law;

E. Provide a trial by jury on all issues so triable;

F. Such further relief as the Court deems just and proper.

Respectfully Submitted, s/James V. Cook___________

JAMES V. COOK, ESQ.

Florida Bar Number 966843

Law Office of James Cook

314 West Jefferson Street

Tallahassee, FL 32301

(850) 222-8080; 561-0836 fax

cookjv@gmail.com

RICHARD E. JOHNSON, ESQ.

Florida Bar Number 858323

Law Office of Richard E. Johnson

314 West Jefferson Street

Tallahassee, Florida 32301

(850) 425-1997; 561-0836 fax

rick@rej-law.com

Attorneys for Plaintiff

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 10 of 15
CLAIM FOR DAMAGE,

INJURY, OR DEATH

INSTRUCTIONS: Please read carefully the instructions on the

reverse side and supply information requested on both sides of this

form. Use additional sheet(s) if necessary. See reverse side for

additional instructions.

FORM APPROVED

0MB NO. 1105-0008

1. Submit to Appropriate Federal Agency:

U.S. Bureau of Prisons

Southeast Regional Office

3800 North Camp Creek Parkway S.W.. BIdg. 2000

Atlanta, GA 30331-6226

2. Name, address of claimant, and claimant's personal representative if any.

(See instructions on reverse). Number, Street City, State and Zip code.

ASHLEY BARNETT, # 60509-018

do James Cook, Richard Johnson, Attorneys

314 West Jefferson Street

Tallahassee, FL 32301

3. TYPE OF EMPLOYMENT

1 1 MILITARY CIVILIAN

4. DATE OF BIRTH

03/09/1989

5. MARITAL STATUS

DIVORCED

6. DATE AND DAY OF ACCIDENT

10/17/2018

7. TIME (A.M. OR P.M.)

\n

8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and

the cause thereof. Use additional pages if necessary).

See Exhibit A, attached hereto.

9. PROPERTY DAMAGE

NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, Street City, State, and Zip Code).

n.a.

BRIEFLY DESCRIBE THE PROPERTY, NATURE AND EXTENT OF THE DAMAGE AND THE LOCATION OF WHERE THE PROPERTY MAY BE INSPECTED.

(See instructions on reverse side).

n.a.

10. PERSONAL INJURY/WRONGFUL DEATH

STATE THE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH FORMS THE BASIS OF THE CLAIM.

OF THE INJURED PERSON OR DECEDENT.

See Exhibit A, attached hereto

F OTHER THAN CLAIMANT, STATE THE NAME

11. WITNESSES

NAME ADDRESS (Number, Street, City, State, and Zip Code)

See Exhibit A, attached hereto.

12. (See instructions on reverse). AMOUNT OF CLAIM (in dollars)

12a. PROPERTY DAMAGE

0.00

12b. PERSONAL INJURY

5,000,000

12c. WRONGFUL DEATH 12d. TOTAL (Failure to specify may cause

forfeiture of your rights).

5,000,000

1 CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN

FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM.

Tte. SIGNATURE OF CLAIMANT (See instructions on reverse side). 13b. PHONE NUMBER OF PERSON SIGNING FORM

850-222-8080

14. DATE OF SIGNATURE

VjblVIL PENALTY FOR PRESENTING

FRAUDULENT CLAIM

The claimant is liable to the United States Govemment for a civil penalty of not less than

$5,000 and not more than $10,000, plus 3 times the amount of damages sustained

by the Govemment. (See 31 U.S.C. 3729).

CRIMINAL PENALTY FOR PRESENTING FRAUDULENT

CLAIM OR MAKING FALSE STATEMENTS

Fine, imprisonment or Ijoth. (See 18 U.S.C. 287, 1001.)

Authorized for Local Reproduction

Previous Edition is not IJsable

95-109

NSN 7540-00-634<4046 STANDARD FORM 95 (REV. 2/2007)

PRESCRIBED BY DEPT. OF JUSTICE

28 CFR 14.2

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 11 of 15
INSURANCE COVERAGE

In order that subrogation claims may be adjudicated, it is essential that the claimant provide the foltowing information regarding the insurance coverage of the vehicle or property.

15. Do you carry accident Insurance? Q Yes If yes. give name and address of insurance company (Number, Street, City, State, and Zip Code) and policy number. No

16. Have you filed a daim with your insurance carrier in this instance, and if so, is it full coverage or deductible? Q Yes No 17. If deductible, state amount.

18. If a claim has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim? (It is necessary that you ascertain these facts).

19, Do you carry public liability and property damage insurance? [jj] Yes If yes, give name and address of insurance carrier (Number, Street City, State, and Zip Code). No

INSTRUCTIONS

Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose

employee(s) was involved In the incident. If the incident involves more than one claimant, each claimant should submit a separate

claim form.

Complete all items - Insert the word NONE where applicable.

A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL

AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR LEGAL

REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN

NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY

Failure to completely execute this form or to supply the requested material within

two years from the date the claim accrued may render your claim Invalid. A claim

Is deemed presented when It Is received by the appropriate agency, not when it is

mailed.

If instruction is needed in completing this form, the agency listed in item #1 on the reverse

side may be contacted. Complete regulations pertaining to claims asserted under the

Federal Tort Claims Act can be found in Title 28, Code of Federal Regulations, Part 14.

Many agendas have published supplementing regulations. If more than one agency is

involved, please state each agency.

The claim may be filled by a duly authorized agent or other legal representative, provided

evidence satisfactory to the Government Is submitted with the dalm establishing express

authority to act for the claimant. A daim presented by an agent or legal representative

must be presented in the name of the daimant. If the daim is signed by the agent or

legal representative, it must show the title or legal capadty of the person signing and be

accompanied by evidence of his/her authority to present a daim on behalf of the daimant

as agent, executor, administrator, parent, guardian or other representative.

If claimant intends to file for both personal Injury and property damage, the amount for

each must be shown in item number 12 of this form.

DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY, PERSONAL

INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT.

THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN

TWO YEARS AFTER THE CLAIM ACCRUES.

The amount claimed should be substantiated by competent evidence as follows;

(a) In support of the daim for personal injury or death, the daimant should submit a

written report by the attending physidan, showing the nature and extent of the injury, the

nature and extent of treatment, the degree of permanent disability, if any, the prognosis,

and the period of hospitalization, or incapadtation, attaching itemized bills for medical,

hospital, or burial expenses actually incurred.

(b) In support of claims for damage to property, which has been or can be economically

repaired, the daimant should submit at least two itemized signed statements or estimates

by reliable, disinterested concerns, or. if payment has been made, the itemized signed

receipts evidendng payment.

(c) In support of claims for damage to property which is not economically repairable, or if

the property is lost or destroyed, the daimant should submit statements as to the original

cost of the property, the date of purchase, and the value of the property, both before and

after the acddent. Such statements should be by disinterested competent persons,

preferably reputable dealers or offidals familiar with the type of property damaged, or by

two or more competitive bidders, and should be certified as being just and conect.

(d) Failure to specify a sum certain will render your claim Invalid and may result in

forfeiture of your rights.

PRIVACY ACT NOTICE

This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3), and

concerns the information requested in the letter to which this Notice Is attached.

A. Authority: The requested information is solicited pursuant to one or more of the

following: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 U.S.C 2671 et seq., 28 C.F.R.

Part 14.

B. Principal Purpose: The information requested is to be used In evaluating claims.

C. Routine Use: See the Notices of Systems of Records for the agency to whom you are

submitting this form for this information.

D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply the

requested information or to execute the form may render your daim "invalid."

PAPERWORK REDUCTION ACT NOTICE

This notice is solely for the purpose of the PapenwDrk Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per

response, induding the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of

information. Send comments regarding this burden estimate or any other aspect of this collection of information, induding suggestions for reducing this burden, to the Director, Torts

Branch, Attention: PapenArark Reduction Staff, Civil Division, U.S. Department of Justice, Washington, DC 20530 or to the Office of Management and Budget. Do not mail completed

form(s) to these addresses.

STANDARD FORM 95 REV. (2/2007) BACK

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 12 of 15
Exhibit A

Claim for Injury by Ashley Barnett, Fed. Reg. No. 60509-018

Field 6: Date and Day of Accident. Incidents occurred during her incarceration in Tallahassee on October 

17, 2018.

Field 7: Time. Around 10:00 AM.

Field 8: Basis of Claim

(a) In 2016, Claimant Ashley Barnett was incarcerated and sent to FCI Tallahassee. Throughout her 

time there, FCI Tallahassee Physician’s Assistant Paul Rolston sexually assaulted Ms. Ashley 

Barnett and other female inmates in his clinic office. 

(b) During the course of her incarceration at FCI Tallahassee, PA Rolston would assault women, 

including claimant, while conducting putative pelvic exams, Papanicolaou tests, and breast 

exams on female inmates, including exams that were not necessary and including inmates who

were not formally scheduled in his clinic office. 

(c) On October 17, 2018, Ashley Barnett went to see PA Rolston due to a pain in her left arm and a 

family history of blood clots. PA Rolston claimed that Ms. Barnett needed both pelvic and breast 

exams with a Papanicolaou test. When Ms. Barnett questioned the need for these examinations

based on her symptoms, PA Rolston responded that “Sometimes even when you’re looking in a 

field of lions you may find a zebra.” Ms. Barnett did not need, request, or want these exams. 

(d) Nurse Reid was brought into the examination room to chaperone the exams. PA Rolston 

explained to Nurse Reid the exams that he would conduct. PA Rolston then asked Ms. Barnett to 

become fully nude and left the room. The nurse looked disgusted and while PA Rolston was not 

in the room, the Nurse said to Ms. Barnett, “Just ignore my face.” Ms. Barnett responded, 

“You’re probably thinking what I’m thinking.” When the Nurse asked what Ms. Barnett was 

thinking, she responded that “He just creeps me out.” PA Rolston then returned to the room.

(e) PA Rolston asked Ms. Barnett to lie down and pulled the disposable sheet down to her mid 

stomach. PA Rolston spent about 10 minutes examining each breast. PA Rolston slowly pressed 

up and down on each breast. PA Rolston moved right to left with his fingertips and grazed Ms. 

Barnett’s nipples. PA Rolston took Ms. Barnett’s hand and pressed it against parts of her breast, 

claiming to be showing her the difference in the tissue in different parts of the breast. PA 

Rolston then pinched Ms. Barnett’s nipples. When PA Rolston had examined both breasts, he 

made Ms. Barnett lift her arms so that he could measure the difference between her painful and 

non-painful arms. Ms. Barnett was still entirely nude as PA Rolston did these measurements and 

her breasts were exposed. Nurse Reid had been facing away from Ms. Barnett and PA Rolston 

the entire time, writing on a piece of paper.

(f) PA Rolston put the disposable sheet back over Ms. Barnett’s breasts and told her to scoot down 

and spread her legs. Once she was in position, PA Rolston tapped two ingrown hairs in Ms. 

Barnett’s pubic region and told her that she needed to shave with the hair grain to avoid future 

ingrown hairs. PA Rolston then touched Ms. Barnett’s clitoris, spread her labia and inserted two 

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 13 of 15
fingers into her vagina. PA Rolston began “digging” inside of Ms. Barnett’s vagina, moving side 

to side and going deeper. PA Rolston told Ms. Barnett that she had a deep cervix. Ms. Barnett 

felt that she was being sexually assaulted by PA Rolston.

(g) PA Rolston then removed his fingers and placed a speculum inside of Ms. Barnett’s vagina. PA 

Rolston swabbed Ms. Barnett’s vaginal walls. He then put a finger in Ms. Barnett’s rectum. He 

removed this finger, tapped Ms. Barnett’s knee, and told her that he was stepping out for her to 

get dressed. Ms. Barnett felt violated and was made to feel she had to endure the assault from 

PA Rolston to access the medical care she needed for her arm.

(h) When PA Rolston returned, he spread Ms. Barnett’s legs and placed his groin on her knee. He 

unbuttoned her top t-shirt to listen to Ms. Barnett’s heart with a stethoscope and examine her 

ears. As PA Rolston did so he rubbed his groin against Ms. Barnett’s knee. PA Rolston then 

returned to his desk chair and spread his legs very widely, pushing his groin in Ms. Barnett’s 

direction. 

(i) PA Rolston then called Dr. Jimenez. After Dr. Jimenez arrived, PA Rolston never mentioned the 

pelvic or breast examinations.

(j) After this assault, Ms. Barnett reported PA Rolston and a Prison Rape Elimination Act (PREA) 

investigation was conducted. 

(k) On November 21, 2018 Ms. Barnett went to medical and was referred to PA Rolston, despite her 

report of her assault. When Ms. Barnett told staff that PA Rolston was not allowed to see her, 

she saw Dr. Jimenez instead.

(l) Ms. Barnett knows many other women in the compound with similar complaints against PA 

Rolston. These include Beth Farber, Daphne Rodriguez, Connie Batchelor, Sonia Dodd, Danielle 

Thibault, and Kalena Winston; others did not wish to be identified.

(m) Despite the PREA investigation, PA Rolston was still allowed to work around Barnett. PA Rolston 

was allowed to drive the perimeter truck with a loaded gun, making Barnett feel very 

threatened. Tonya Reid and Wendy Kernechel witnessed this event.

Field 10: Extent of Injury

Physical pain and suffering; mental distress.

Field 11: List of Witnesses

Alexander, Charnesha c/o attorney

Barnett, Ashley, 60509-018 c/o attorney

Batchelor, Connie, 34810-001 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Cleary, Patricia c/o attorney

Dodd, Sonia, 32711-018 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Farber, Beth, 67832-018 6303 County Road 500, Wildwood, FL 34785, 352-689-7390

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 14 of 15
Jimenez, J., MD 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Kernechel, Wendy, 14679-078 c/o attorney

Li, Xinyu Daniel, MD 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Lnu, Felicia PREA Coordinator. 501 Capital Circle NE, Tallahassee, FL 32301, 850-

878-2173

Morton, Michelle c/o attorney

Peoples, fnu, Officer 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Reid, fnu, Nurse 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Reid, Tonya 1063 Erskine Road, Anderson, SC 29621, 864-219-0466

Reilly ,fnu, MD 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Rivera, Steven, Lt. 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Rodriguez, Daphne, 46806-

074

501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Rolston, Paul, PA c/o attorney

Thibault, Danielle, 48741-074 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Winston, Kalena, 43416-013 501 Capital Circle NE, Tallahassee, FL 32301, 850-878-2173

Case 4:20-cv-00449-RH-MAF Document 1 Filed 09/13/20 Page 15 of 15