Hainey V. The City Of New Orleans

Case Background

On February 24, 2021, Rayne Upton filed a civil rights action against the City of New Orleans and its police department for the sexual assault of her then-minor daughter, Gabrielle Hainey. The case was filed in the United States District Court, Louisiana Eastern (New Orleans). The case was assigned to Judge Carl J Barbier and referred to Magistrate Judge Karen Wells Roby. [Case number:  2:21cv407]

Cause

In May 2020, 14-year-old Plaintiff G.H. suffered a sexual assault. Following this, the New Orleans Police Department (NOPD) assigned Officer Rodney Vicknair to transport her to the hospital for a rape kit. Vicknair was an inappropriate choice for this role, as he lacked training in handling such sensitive cases and had numerous complaints regarding his unprofessional behavior. Defendant Shaun Ferguson was the Superintendent of the New Orleans Police Department and was responsible for the hiring, training, discipline, and control of the NOPD staff, supervisors, and deputies including Vicknair. Despite some complaints being validated, NOPD continued to employ him.

In the months following their initial meeting, Vicknair repeatedly visited G.H.’s home in his uniform and police vehicle. During these visits, he sexually assaulted her multiple times, including two instances of rape. After G.H. and her mother, Rayne Upton, reported his misconduct, they sought justice for Vicknair’s predatory actions and the negligence of the City of New Orleans, Shaun Ferguson, and the New Orleans Police Department in hiring and supervising him.

Damages

Defendant Vicknair displayed a reckless disregard for G.H.’s safety and rights when she was 14 and 15 years old. His criminal sexual conduct caused significant harm to her. As a result, the Plaintiff sought exemplary damages and specifically requested liquidated damages of $150,000, along with costs for the legal action, which includes reasonable attorney’s fees and other litigation expenses.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Rayne Upton individually and on behalf of her minor daughter, G.H.| Gabrielle Hainey | (G.H)
    • Counsel for Plaintiff(s): Hope A Phelps | Caroline Gabriel | David Joseph Lanser | William Brock Most
  • Defendant(s): Rodney Vicknair | New Orleans City | Shaun Ferguson
    • Counsel for Defendant(s): James Michael Roquemore | Corwin St. Raymond | Donesia D. Turner

Claims

Plaintiff Rayne Upton, acting on her own and for her minor daughter G.H., filed this complaint for violations of rights guaranteed by the U.S. Constitution. This included violations of G.H.’s Fifth and Fourteenth Amendment rights to due process, bodily integrity, and protection from sexual abuse by state actors. Additionally, it involved her right to be free from the unjustified and excessive force used by police. She also claimed her Fourth Amendment right against unlawful seizure had been violated.

Furthermore, the complaint included state law claims of battery and false imprisonment. It also addressed both intentional and negligent infliction of emotional distress, alongside claims based on state constitutional rights.

Defense

The Defendants claimed entitlement to immunity under state law for discretionary acts performed as public officials. They maintained that they acted in good faith at all relevant times. Furthermore, they asserted that their actions complied with the law and were conducted without malice.

The Defendants argued that their decisions were reasonable and justified based on the circumstances, including manpower issues. They also referenced the “public duty” doctrine, which protects them from liability to an individual for failing to meet a duty owed to the public.

Additionally, the Defendants contended that Plaintiff’s injuries, losses, or damages resulted solely from her own fault, negligence, or intentional actions. Therefore, the Defendants requested that the court consider the doctrines of comparative fault and negligence when evaluating any potential damages.

Jury Verdict

The City of New Orleans had already been found liable for Rodney Vicknair’s state-law violations of battery, assault, and false imprisonment against Gabrielle Hainey. The jury was entrusted with deciding what amount would fairly compensate the Plaintiff for the harm she suffered and would continue to suffer.

On August 21, 2024, the jury awarded her $1 million in damages. It was determined that the City of New Orleans’ decision to hire Defendant Vicknair and failure to adequately supervise him reflected deliberate indifference to the risk of sexual assault, battery, and false imprisonment that Vicknair inflicted on Plaintiff.

On September 10, 2024, Judge Carl J Barbier passed a judgment consistent with the verdict.

Court Documents:

Available upon request