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Date: 08-22-2024
Case Style:
Rayne Upton v. City of New Orleans, et al.
Case Number: 2:21-cv-00407
Judge: Carl J. Barbier
Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)
Plaintiff's Attorney:
Defendant's Attorney: Chester Theodore Alpaugh, III and Claude A. Schlesinger for Rodney Vicknair
James Michael Roquemore, Corwin St. Raymond, Donesia D. Turner for the City of New Orleans, et al.
Description:
New Orleans, Louisiana civil rights lawyers represented the Plaintiff who sued on behalf of minor daughter, G.H. claimed that she was sexually assaulted by a New Orleans police officer.
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On September 23, 2020, Rodney Vicknair, who was then employed as an officer with the New Orleans Police Department (“NOPD”), sexually assaulted G.H., who was then a minor child. The events and failures leading up to and following that tragedy are the bases for the issues presented in the instant motions.
Rodney Vicknair was formerly named a Defendant in this case but died on January 1, 2024. On January 9, 2024, the Court granted Plaintiff's motion to dismiss all claims against Vicknair with prejudice. (Rec. Doc. 119)
The NOPD hired Vicknair in 2007, and his pre-employment background check included an examination of his criminal history. Vicknair's criminal history as of the 2006 background check included five arrests and one conviction: (1) a 1985 arrest for two counts criminal damage to property and two counts illegal use of a weapon, (2) a 1986 arrest for attempted burglary, (3) a 1987 arrest and conviction for simple battery against a juvenile, (4) a 1990 arrest for disturbing the peace, and (5) a 2005 arrest for simple battery and aggravated assault. (Vicknair Hiring File; Rec. Doc. 135-5; Bill of Information; Rec. Doc. 135-6). The 2005 assault and battery arrest was based on an incident where Vicknair returned home to find a stranger in the house with his girlfriend and threatened the man with a knife. (NOPD Lieutenant Powell Deposition, Rec. Doc. 126-7, at 4). After that incident, the girlfriend gave a statement that Vicknair was her ex-boyfriend, and she was with her boyfriend; however, Vicknair's statement differed, alleging that the woman was his girlfriend. Id. at 4-5. "
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Outcome: Settled for $1 million.
Plaintiff's Experts:
Defendant's Experts:
Comments: