On Thursday, June 5, a jury in Orange County, California, awarded $3 million in damages to a former prosecutor who claimed she was forced out of her position for supporting colleagues who reported sexual harassment. The verdict came at the end of a two-week trial held in San Diego, concluding a lawsuit brought by Tracy Miller, a longtime prosecutor and former supervisor in the Orange County District Attorney’s Office.
What was the trial based on?
Miller sued the county, District Attorney Todd Spitzer, and former Chief Assistant District Attorney Shawn Nelson in February 2022, alleging retaliation and wrongful termination. She retired from the office following 25 years of employment at the DA’s office. According to court documents, she lost her position in 2021 after advocating for female staff members who had come forward with harassment allegations against a senior supervisor.
Miller claimed that DA leadership ousted her because she supported the women and took steps to prevent further harm. Spitzer and Nelson adamantly denied those allegations.
During the trial, Miller testified that both Spitzer and Nelson repeatedly undermined her authority and publicly humiliated her in the office.
She pointed to the 2020 sexual harassment allegations made against former DA supervisor Gary Logalbo as a turning point. According to Miller, Nelson was dismissive of the women who came forward, making comments that cast doubt on their credibility.
Miller also accused Spitzer of misusing his position in an attempt to discipline one of the accusers by drafting a formal write-up, an act she described as retaliatory and aimed at silencing complaints. Her testimony portrayed a workplace culture that punished those who supported victims rather than addressing the alleged misconduct.
What did the jury decide?
The jury ultimately sided with Miller and her attorney, concluding that Orange County failed to address the harassment she reported. In addition to the $3 million in damages for future economic loss and emotional distress, the jury awarded Miller $25,000 in punitive damages from Spitzer, citing his direct role in the situation.
The jury awarded Miller $3 million based on two main factors: her projected future economic loss and the emotional distress she suffered due to the retaliation and forced departure from her job.
What does the DA’s office say?
According to The Associated Press, District Attorney Spitzer said that he inherited an organization facing significant internal challenges when he took over the office in 2019.
In a statement following the verdict, Spitzer said he respects the jury’s decision but feels disappointed that others misunderstood what he described as good intentions.
“I am heartbroken over the fact that any of my actions could have been interpreted as anything other than a good faith effort to clean up the public corruption in the Orange County District Attorney’s Office and to create a work ethic that adheres to what Orange County residents demand of its District Attorney,” he said.
NBC Los Angeles reports, the attorney representing Orange County argued that the $3 million verdict was sufficient to “send a message,” but contended that awarding punitive damages went too far.
