Orange County, California — A jury awarded $3 million in damages to a former prosecutor who claimed she was forced out of her role after backing colleagues who reported sexual harassment. The verdict followed a two-week trial held in San Diego, concluding a lawsuit initiated by Tracy Miller, who served as a prosecutor and supervisor in the Orange County District Attorney’s Office for 25 years.
Miller’s lawsuit, filed in February 2022 against the county, District Attorney Todd Spitzer, and former Chief Assistant District Attorney Shawn Nelson, alleged retaliation and wrongful termination. She stated that her dismissal was a direct result of her support for female employees who had come forward with allegations of harassment against a senior supervisor in 2021.
According to court documents, Miller lost her job after advocating for the women involved and taking steps to stem further misconduct. Both Spitzer and Nelson have denied the allegations, asserting that her claims do not reflect the true nature of her exit.
During the trial, Miller testified about a troubling office environment where her authority was consistently undermined and she faced public humiliation. She identified the 2020 sexual harassment claims against former DA supervisor Gary Logalbo as a pivotal moment, contending that Nelson dismissed the seriousness of the complaints and expressed skepticism about the credibility of the accusers.
Miller further claimed that Spitzer improperly sought to discipline one of the harassment accusers by preparing a formal write-up, an act she described as retaliatory and aimed at suppressing their voices. Her testimony painted a disturbing picture of a workplace culture that penalized those who supported victims while failing to confront alleged misdeeds.
The jury ultimately ruled in favor of Miller, agreeing that the county did not sufficiently address the harassment she had reported. In addition to the $3 million for future economic loss and emotional distress, the jury imposed $25,000 in punitive damages against Spitzer, highlighting his direct involvement in the matter.
One of the key factors in the jury’s decision was Miller’s projected future economic loss, as well as the emotional toll she experienced due to the alleged retaliation and her forced resignation.
Following the verdict, Spitzer expressed disappointment, noting that he inherited a troubled organization upon taking office in 2019. He stated that he respects the jury’s decision but feels misunderstood, insisting that his intentions were to uphold integrity within the office.
A lawyer representing Orange County argued that while the $3 million verdict served as a sufficient warning, the additional punitive damages were excessive and unwarranted.
This case highlights ongoing issues of workplace harassment and the repercussions faced by those who advocate for victims in their organizations.
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