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Colorado woman with developmental disabilities wins $8.25M in sex assault lawsuit against sheriff: "I got my justice... he can't hurt me"

Colorado woman wins $8.25M in sex assault lawsuit against sheriff
Colorado woman wins $8.25M in sex assault lawsuit against sheriff 04:12

Peattina Biggs, 46, a woman with developmental disabilities, is opening up about the Colorado sheriff who she says sexually molested her, and the $8.25 million federal jury verdict she won earlier this month. She believes the verdict confirms she told the truth about what she said former Sedgwick County Sheriff Tom Hanna did to her in 2016.

"He lied about everything," Biggs said during an interview with CBS News Colorado. "But I got my justice back, and that's what I wanted back, not the money."

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Peattina Biggs CBS News Colorado

One of Biggs' attorneys says he believes Biggs operates at the same level as a 10 or 11-year-old. She is considered to be a woman with intellectual disabilities, according to another of her attorneys. Biggs enjoys coloring books, riding her bike, and playing with her cat, Tigger.

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Biggs and her cat, Tigger CBS News Colorado

The federal jury in Denver ruled in her favor on Tuesday Oct. 4 in a civil lawsuit she filed against Hanna, in which she said she was the victim of false imprisonment, cruel and unusual punishment, sexual assault, and battery. The jury awarded Biggs $3.25 million in compensatory damages and $5 million in punitive damages — more in punitive damages than her attorney had asked for.

The massive award was not what was most important to Biggs.

"They (the jury) believed me, and it was a wonderful feeling," Biggs said. "I didn't really care about the money. It was a point of getting my justice back and telling the truth. Thats all I wanted."

In 2016, Biggs was in the Sedgwick County Jail on drug charges. Hanna, who was serving as sheriff, said he was going to transport Biggs to another jail with more room, which was routine. 

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Tom Hanna Sedgwick County 

But he first had Biggs change out of her orange jail jumpsuit and into civilian clothes. He then placed her in his personal pickup truck, and instead of taking her directly to another jail, he drove her to his home where he said he wanted to talk to her about crime information.

David Fisher, Biggs' attorney, said the sheriff had methodically plotted what he was going to do.

"It was 100% planned out and thought out ahead of time," Fisher said. He said Hanna took her to his home where there were no cameras and no witnesses.

The sheriff later said he just wanted to talk to Biggs.

"So now it's just Sheriff Hanna, my word versus the word of a mentally disabled woman," Fisher said. "Who is going to believe her?"

Biggs said Hanna offered her $60 to have sex. He then proceeded to drop his pants and sexually molest her, according to Biggs and a police investigation. 

She said Hanna told her if she said anything about what had happened, "I'd go to prison for the rest of my life, and I was scared."

But another Sedgwick County deputy found it odd that the sheriff was using his personal vehicle to transport Biggs, and minutes after Hanna left the Sedgwick county jail with Biggs, the deputy saw the pickup truck parked at Hanna's home. He later reported his suspicions, triggering a police investigation.

"He knew something was wrong," Fisher said. "He just knew something was wrong. Why is the sheriff in the house with a woman he is supposed to be taking to jail?"

Prosecutors charged Hanna in 2016 with sexual assault on an at- risk person, kidnapping, and official misconduct.

A jury acquitted Hanna on the most serious charges, but convicted him of official misconduct. He received probation. 

Hanna was recalled in 2017, with 91% of Sedgwick county voters in favor of his recall.

Biggs filed a federal civil lawsuit against Hanna, which went to trial this month.

One key piece of evidence in that trial was Hanna's underwear. Biggs told investigators that Hanna wore yellow underwear. Fisher said Sheriff Hanna denied that. 

"He said, 'I only have black boxer briefs, that's the only kind of underwear I have,'" Fisher explained. 

But when investigators searched Hanna's home, they found two pairs of yellow underwear.

"That was probably the key piece of evidence in the case," Fisher said.

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A photo of yellow underwear found at Hanna's home, provided during the discovery process of the civil case against Hanna CBS

He said the federal jury deliberated about an hour before finding in favor of Biggs.

"He's taking advantage of somebody who needs his protection the most; it doesn't get more egregious than this," Fisher said. "Peattina represents one of the most vulnerable people in our society, someone who needs the protection of a law enforcement officer more than anyone else in our society."

Peattina Biggs said she hopes her fight inspires other victims. 

"I want every woman out there to realize you can do something about it. I hope it helps every woman out there who has been hurt," she said. "I hope my story helps other women. I really do."

Hanna has denied sexually molesting Biggs. He did not respond to a phone call or text message from CBS News Colorado. The attorney who represented Biggs during his civil trial said he could not comment since he no longer represents Hanna.

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Peattina Biggs Biggs Family

Biggs' fight is not over yet.

Her attorneys say Hanna likely has no money, so they are filing motions asking a Judge to compel Sedgwick County to pay the awarded damages.

CBS News Colorado normally does not identify people who say they were sexually molested, but Biggs felt it was more important that her story be told. Her legal guardian and her two private attorneys agreed, and were all present for her interview.

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