Jury awards California prosecutor $3 million after she says she was
forced out of her position
[June 06, 2025]
SAN DIEGO (AP) — A jury in California on Thursday awarded more than $3
million in damages to a former Orange County prosecutor who alleged the
county's district attorney targeted her and forced her out of her
position after she tried to protect women in the office from retaliation
for accusing a supervisor of sexual harassment.
The verdict marks the end of a two-week trial in San Diego in which
former district attorney supervisor Tracy Miller accused Orange County
District Attorney Todd Spitzer and former Chief Assistant District
Attorney Shawn Nelson of a laundry list of misconduct that she said the
county did not reasonably respond to, the Orange County Register
reported.
“She was thrilled the jury came back and recognized what happened to
her,” said Miller’s attorney Bijan Darvish. “But also reliving
everything brings back some of the emotional feelings she was feeling at
the time.”
The penalties awarded were for the former high-ranking prosecutor's
future economic loss and emotional distress.
Miller sued the county, Spitzer and Nelson after she said she was
essentially forced to leave her position in 2021. Spitzer and Nelson
have denied these claims, while their attorney said Miller was not
demoted and didn't lose pay or job duties.
Spitzer said in a statement that he respects the jury’s decision but
that when he became district attorney in 2019, he “inherited an office
in chaos” and did the best he could given the many overwhelming issues
they were facing.
“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.
Miller accused Spitzer and Nelson of humiliating her, using
“gender-based slurs,” disrespecting her and undermining her authority.
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She said the situation became especially contentious after she
cooperated with the investigator looking into sexual harassment
allegations against then-district attorney supervisor Gary Logalbo in
2020. She accused Nelson of speaking badly about the women who spoke
out. She also said Spitzer attempted to get one of the women written up
for accusing Logalbo, who was the best man at Spitzer’s wedding.
Afterwards, Miller said Spitzer targeted her and criticized her for
taking notes during executive meetings, according to the Los Angeles
Times.
Spitzer and Nelson have denied these claims.
Logalbo, who died in 2021, was found to have harassed four female
attorneys.
The county, Spitzer and Nelson are liable for the $3 million in damages.
Miller was also awarded $25,000 in punitive damages, less than the more
than $300,000 requested by her attorney.
Tracey Kennedy, an attorney for the county, Spitzer and Nelson had
argued against punitive damages beyond the $3 million, saying the
verdict was enough.
“A public verdict sends the message," she said in court.
Darvish said in court on Thursday that Miller had long dreamed of being
a prosecutor and had had that position taken from her. He also said that
she had opened the door for future generations of female prosecutors.
“It wasn’t an accident. It wasn’t negligence. It was intentional,” he
said.
When Spitzer became district attorney, federal authorities were
investigating allegations that county officials illegally used prisoners
to try to get incriminating information from defendants awaiting trial.
County authorities have repeatedly denied the existence of such an
operation.
Miller, who had been a prosecutor for more than 20 years, was overseeing
such important assignments as opioid litigation and the Huntington Beach
oil spill, according to Spitzer.
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