Office's leading female prosecutor in Orange County was retaliated against by the District Attorney, concludes civil jury.
Title: High-Ranking Prosecutor Wins $3M in Retaliation Case Against Orange County DA
Key Insight: A jury in California has granted Tracy Miller, a former high-ranking prosecutor, $3 million in damages due to retaliation from Orange County District Attorney Todd Spitzer and former Chief Assistant District Attorney Shawn Nelson for supporting colleagues who reported sexual harassment[1][2][3].
Last Thursday, the jury issued a verdict in favor of Miller, who was once the highest-ranking woman in the prosecutor's office. The decision found Spitzer acted with "malice" and the county did not take reasonable steps to prevent workplace harassment[4]. The jury also took "adverse employment action" against Miller[4].
John Barnett, Miller's attorney, stated, "Tracy Miller had the fortitude to resist the most powerful law enforcement person in the county, and she prevailed. It took a lot of courage, and the jury saw that she was right"[4].
Inside O.C. Law Enforcement: A 'Dirty Cop' and a 'Corrupt' D.A.'
This verdict unfolds against the backdrop of a larger scandal rocking Orange County law enforcement. A former investigator alleges that Spitzer colluded with others to suppress an investigation into potential corruption. Spitzer has denied these claims[5].
At the time of publication, both the county and Spitzer's office declined to comment on the verdict, while the jury awarded $3 million in damages, including $1.5 million for past emotional distress[4]. The jury is yet to decide on punitive damages, with a decision expected in the afternoon[4].
The Untold Story: Sexual Harassment and a Toxic Work Environment
Miller sued Orange County, Spitzer, and Nelson, claiming they retaliated against her after she objected to Spitzer's actions while leading the office. She further attempted to shield female prosecutors from retaliation for alleging they were sexually harassed by Gary LoGalbo, a former supervisor and close friend of Spitzer[5].
LoGalbo, who was the best man at Spitzer's wedding, now faces eight sexual harassment lawsuits involving allegations made against him[5]. Testimony during the trial revealed a challenging and demanding environment within the prosecutor's office, with some employees facing threats of being fired or demoted[5].
Notable Highlights:
- Miller alleged Spitzer violated the Racial Justice Act by considering race in determining whether or not to seek the death penalty against a Black defendant.
- Spitzer used race in case assignments, according to Miller's suit.
- Much of the trial centered on what occurred after several female prosecutors reported being sexually harassed by LoGalbo.
- Miller testified that Spitzer had threatened to terminate close friends of hers and dismantle programs she spearheaded in retaliation.
- The trial also revealed concerns about the office's hostile work environment, exemplified by Nelson's statement during a sexual harassment training session for managers: "There are no victims."
[1] https://www.orangecountyregister.com/2022/09/22/orange-county-da-todd-spitzer-tracy-jo-miller-retaliation-lawsuit-verdict/
[2] https://www.nbclosangeles.com/news/local/ex-high-ranking-orange-county-prosecutor-accuses-da-of-retaliation-wins-3m-verdict/2995659/
[3] https://www.latimes.com/california/story/2022-09-22/orange-county-da-to-pay-3m-in-retaliation-case-former-high-ranking-prosecutor-claims
[4] https://www.ocregister.com/2022/09/15/a-blood-feud-rocks-oc-law-enforcement-with-claims-of-dirty-cop-corrupt-da/
[5] https://www.latimes.com/california/story/2022-09-22/orange-county-da-to-pay-3m-in-retaliation-case-former-high-ranking-prosecutor-claims
- Tracy Miller, a former high-ranking prosecutor in Los Angeles, California, has been granted $3 million in damages due to retaliation from the Orange County District Attorney Todd Spitzer and former Chief Assistant District Attorney Shawn Nelson.
- The jury's decision supports Miller's claim that she faced adverse employment action due to her support for colleagues who reported sexual harassment.
- In addition to the $3 million awarded for past emotional distress, the jury is yet to decide on punitive damages.
- The trial revealed a toxic work environment within the prosecutor's office, with some employees facing threats of being fired or demoted.
- The verdict comes amidst a larger scandal rocking Orange County law enforcement, with a former investigator alleging that Spitzer colluded with others to suppress an investigation into potential corruption.
- The trial also highlighted concerns about the office's hostile work environment, with Miller's testimony detailing threats from Spitzer in retaliation for her actions, and Nelson's statement during a sexual harassment training session for managers dismissing the existence of victims.
