Boulder City denies wrongdoing in child sex case

By Steve Green

Friday, Aug. 7, 2009 | 1:07 p.m.

Boulder City is denying allegations in a lawsuit that the city is responsible for sex crimes allegedly committed by a former city recreation employee.

Attorneys for the city and city Recreation Director Roger Hall this week responded to a lawsuit filed against the city and Hall in May by a man who claims that as a 10-year-old, he was molested in 1999 by Charles Richard "Rick" Rogers, a longtime Boulder City recreation center employee.

Rogers was arrested in March on sexual assault, lewdness and child pornography charges. Boulder City Police searched Rogers' home and found videos and photos showing preteen boys in various sexual encounters, including one showing Rogers in sex acts with boys believed to be between 6 and 12 years old.

Rogers most recently was a science teacher at Garrett Junior High School.

The plaintiff in the lawsuit alleges the city was negligent in hiring and supervising Rogers.

The lawsuit said that in January 1997, the plaintiff enrolled in sports programs at the recreation center and two years later, after his father died, Rogers became close to him and later photographed him nude and molested him.

The lawsuit alleges violations of the plaintiff's constitutional rights by the city because, it charges, the city breached a duty to ensure his health, welfare and safety would be protected while he participated in city recreation programs.

The suit was filed in Clark County District Court, but the city later moved it to U.S. District Court in Las Vegas because of the claims involving the U.S. Constitution.

The attorney for the city, Jeffrey Pitegoff of Las Vegas, filed court papers responding to the suit Monday.

The response generally says the defendants deny the man's allegations or are without enough knowledge or information sufficient to a form a belief as to the truth of the allegations.

For instance, the alleged victim's lawsuit says that when he signed up for sports programs, Rogers was "the head of the Boulder City Recreation Center."

In its response, the city said that phrase is so vague and ambiguous that the defendants are without knowledge or information sufficient to form a belief as to the truth of the allegation.

The city response, however, said: "Responding defendants deny that, if true, the alleged wrongful acts of defendant Rogers were within the course and scope of his employment."

"The damages sustained by plaintiff, if any, were caused by the acts of third persons who were not agents, servants or employees of the defendants, and who were not acting on behalf of the defendants in any form or manner and as such defendants are not liable to plaintiffs," the city's response says.