2 prosecutors sue Los Angeles County DA over ‘retaliatory’ transfers

Two Los Angeles prosecutors have sued Los Angeles County and the District Attorney George Gascón, alleging they were subject to retaliatory transfers after refusing to follow directives on sentencing enhancements and juvenile justice which they say are unlawful.

Beverly Hills attorney Gregory W. Smith filed two whistleblower retaliation claims on behalf of veteran Deputy District Attorneys Shawn Randolph and Lesley Klein Sonnenberg on July 27 and 28, respectively. Gascón's office declined to comment on pending litigation.

Smith also declined to comment on the case until all parties have been served. Shawn Randolph v. County of Los Angeles et al., 21STCV27700 (L.A. Sup. Ct., filed July 27, 2021). Lesley Klein Sonnenberg v. County of Los Angeles et al., 21STCV27789 (L.A. Sup. Ct., filed July 28, 2021).

Sonnenberg was assistant head deputy district attorney of the family violence division for five years and says she was denied a promotion in January to acting head deputy of the division because she refused to follow Gascón's directive against filing strikes under California's three strikes law.

According to the complaint, she refused to follow the policy because filing strikes is not "discretionary" but is required under the Penal Code. She said she told Gascón directly she would continue to file strikes against repeat offenders in December 2020.

"Not only was plaintiff denied a position that she was highly qualified for, she was then offered a new position in parole, a dead-end position that she refused," the complaint stated. "Instead, plaintiff was, against her wishes, transferred to the consumer protections division in retaliation for her disclosures and refusal to engage in unlawful activities."

Randolph was the head deputy district attorney for the juvenile division before she allegedly was given a retaliatory transfer to head deputy of the parole division after being denied several positions as a branch division head deputy.

She alleges the denials and transfer were due to her opposition to Gascón's policies related to juvenile offenders such as not filing strikes and not sending juvenile criminals to adult court. She said following the directives would violate her ethical duties under the State Bar and violate Marsy's Law, which provides crime victims with rights such as conferring with prosecuting agencies regarding charges.

Both plaintiffs seek damages for loss of wages and income, attorney fees and mental and emotional injuries associated with the alleged retaliation. The lawsuits are among several the district attorney is facing.

Brian E. Claypool of the Claypool Law Firm said Monday he expects to file a previously announced slander and retaliation lawsuit on behalf of Deputy District Attorney Jonathan Hatami next week.

In a government claim that was filed in February, a precursor to a lawsuit, Hatami said he has been subject to hostile and defamatory language, racial discrimination, retaliation, intentional infliction of emotional distress and a hostile work environment by Gascón and some of his employees.

Gascón is also facing a lawsuit by the Association of Deputy District Attorneys for Los Angeles, a union representing 800 prosecutors that argues some of the directives, such as demanding deputies dismiss three-strikes sentence enhancements, are unlawful and unethical. Association of Deputy District Attorneys v. George Gascón, 20STCP04250 (L.A. Sup. Ct., filed Dec. 30, 2020).

In February, Los Angeles County Superior Court Judge James C. Chalfant ruled Gascón could not implement a blanket policy preventing prosecutors from seeking enhancements. He ruled that prosecutors are not prevented from seeking increased prison sentences under the three strikes law unless they have legal grounds to argue dismissing or withdrawing charges is in the interest of justice. Nor are they required to read a statement in court arguing the three strikes law is unconstitutional without referencing appellate decisions that held prosecutors have a ministerial duty to plead and prove all known strikes.

Gascon has appealed the decision to the 2nd District Court of Appeal and has retained former U.S. Acting Solicitor General Neal Katyal of Hogan Lovells LLP in Washington, D.C.