Man accuses teacher charged in sex assaults, sues city

By Steve Green

Published Saturday, May 16, 2009 | 2:05 a.m.

Updated Tuesday, May 19, 2009 | 6:54 p.m.

A man who says he was molested in 1999 when he was 10 years old by a Boulder City recreation center employee is now suing the alleged abuser as well as the city.

The man filed the suit Thursday in Clark County District Court against Charles R. Rogers, who has been charged with two counts of sexual assault with a minor, three counts of lewdness with a minor and use of children in pornography, and 64 counts of child pornography.

Boulder City police say that in Rogers' home they 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, 46 when he was arrested, 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. Besides Rogers, the suit names as defendants the city of Boulder City, the city Recreation Department, the city Recreation Center, the city Department of Parks and Recreation and city Parks and Recreation Director Roger Hall.

City Manager Vicki Mayes declined comment on the suit Friday, saying she had not seen it. Mayes said she was unaware of any other financial claims against the city related to Rogers.

Hall could not immediately be reached for comment.

The lawsuit said that in January 1997, the plaintiff enrolled in a baseball program at the recreation center and two years later, after his father died, Rogers became close to him.

First Rogers invited him to stay after baseball practice for extra coaching and then he invited him to use the recreation center after hours and offered the facilities there for the boy's private use and enjoyment, the suit said.

Rogers then invited the boy, then 10, to sleepovers at his home, where he allegedly gave him "small white pills" and told him they would help him sleep.

The lawsuit alleges that while asleep, Rogers would remove the boy's clothes and take nude photos of him; and that at some point he forced himself sexually onto the boy.

The abuse lasted about two years and the boy didn't report it to anyone at the time, his Las Vegas attorney, Jason Naomi, said.

The plaintiff says he was adopted at the age of 16 and later began therapy for sleep disorders, depression, anxiety and digestive problems. These health problems are ongoing, the suit said.

The plaintiff said that last month, he had to be hospitalized and treated for post traumatic stress disorder after seeing a television news report about the arrest of Rogers. That was the first time the man revealed he had been abused by Rogers, Naomi said.

Naomi said the alleged victim has been cooperating with the Boulder City Police Department in its investigation and detectives investigating Rogers have found photos of the plaintiff, taken when he was a boy.

The suit seeks general and punitive damages that are unspecified but that are more than $20,000. It alleges assault, battery, intentional infliction of emotional distress, false imprisonment, municipal liability, negligence; and negligent hiring, supervision and training.

"Plaintiff was ... unwillingly and unlawfully confined, and restrained, against his will, with invalid use of authority and without means for safe and voluntary exit," the suit charges.

"It is the policy, practice and custom of defendants and their supervisors to tolerate and ratify the leaving of minor children in the custody, and care of persons, agents and employees of defendants," the suit says.

"Defendants ... owed a duty to plaintiff to ensure that his health, welfare and safety would be protected ...," the suit says. "Defendants ... breached such duties when defendants left the care of plaintiff in the custody and care of persons, agents and employees of defendants."

The suit was filed by Las Vegas attorney Jason Naomi.

From January 1986 until his arrest, Rogers worked for the Boulder City Parks and Recreation Department part time, helping organize league play.