A federal jury in New Orleans has began listening to arguments about whether or not town is responsible for the sexual assault of a 15-year-old lady by an on-duty police officer.
The federal civil trial, introduced towards town of New Orleans by the teenager’s household, started Monday and is anticipated to final 4 days.
The officer in query, Rodney Vicknair, died in jail earlier this yr from mind most cancers. He had served lower than six months of a 14-year sentence after pleading responsible to violating {the teenager}’s rights by sexually abusing her in 2020.
Based on authorities, in Might 2020, Vicknair – who was 53 on the time – was on the clock when he escorted {the teenager} to endure a forensic examination referred to as a rape equipment after one other man had sexually assaulted her.
Vicknair then gave the lady – 14 on the time – his mobile phone quantity and provided her friendship in addition to mentorship. Within the ensuing months, authorities say that Vicknair and {the teenager} spoke on the telephone and exchanged messages on the social media platform Snapchat.
Vicknair would usually cease by {the teenager}’s home unannounced and uniformed, authorities stated. Over time, Vicknair allegedly made sexual feedback to her, requested her for sexually suggestive pictures, and uncovered his genitals to her on video calls.
In September 2020, the officer arrived on the home of {the teenager} – who had turned 15 – and advised her to get into his car, court docket paperwork state. Federal prosecutors stated he then locked the door and sexually assaulted her.
In September 2020, Vicknair’s personal company arrested him on state counts of sexual battery, indecent habits with a juvenile and malfeasance in workplace. He was additionally suspended from the power.
Federal authorities then charged Vicknair, and he pleaded responsible in November 2022.
The household of the sufferer argue that town and its police division are responsible for her abuse, saying each might have finished extra to stop him from utilizing his place to assault her.
In an investigative piece reported by the Washington Submit in March 2024, the newspaper revealed that Vicknair had been employed by the police division regardless of a number of prior arrests in addition to a conviction of battery on a juvenile from 1987.
In a lawsuit, the household additionally alleged that after Vicknair joined the police power in New Orleans in 2007, he obtained a collection of complaints within the years that adopted stemming from allegations of unauthorized power, lack of professionalism, failure to observe the police division coverage, verbal intimidation, neglect of obligation, and failing to stick to the regulation.
A few of the complaints got here from residents whom he encountered and others from fellow officers. Not one of the complaints led to his termination.
One allegation, highlighted within the criticism, alleged that Vicknair was discovered to have “abused his authority as a police officer to acquire an interplay with a girl” in 2009. The police division discovered that he had acted “inappropriately” with the lady and suspended him for 5 days, in response to the lawsuit.
Native New Orleans information outlet WDSU stated the trial is anticipated to focus partially on textual content messages despatched to town’s former police superintendent. The messages to Shaun Ferguson tried to make him conscious of Vicknair’s abusive habits days earlier than Vicknair assaulted the lady in his automobile, stated lawyer Hope Phelps, who represents the sufferer and her household.
The messages have been written by Susan Hutson, who on the time was New Orleans’s impartial police monitor however is now its elected sheriff in command of town’s jail and safety at native state courthouses.
“Hey Shaun, I would like to achieve Arlinda urgently, if she’s close to you may you name her to name me?” learn considered one of Hutson’s texts, referring to the chief of the police’s public integrity bureau on the time, Arlinda Westbrook. “It’s about potential sexual abuse of a minor by an officer.”
The sufferer and her household are suing for punitive, compensatory and particular damages – in addition to authorized charges incurred pursuing the case.
Even when the decide on this case guidelines within the favor of the plaintiff and her household, it’s unclear how tough it could be for them to gather any damages awarded to them.
Louisiana’s state structure protects state companies and political subdivisions which are efficiently sued. That’s as a result of the structure says civil judgments can solely be paid out if the Louisiana legislature or the political subdivision particularly places apart and designates cash for them. Plaintiffs may be left ready for years in the event that they safe a settlement or favorable verdict and authorities officers don’t set cash apart for a payout.
Supply hyperlink
