15-year prosecutor sues LA DA, claims retaliation, discrimination

A veteran Los Angeles County prosecutor has sued District Attorney George Gascón, the county and one of his advisers for alleged retaliation, defamation, race discrimination and intentional infliction of emotional distress.

The lawsuit by Deputy District Attorney Jon Hatami, filed Tuesday, is the third against Gascón and his office in just over a month.

In August, deputy district attorneys Shawn Randolph and Lesley Klein Sonnenberg filed whistleblower retaliation claims, alleging retaliatory transfers and denial of promotions.

"It's not fair that I've been here over 15 years and somebody has come in and in eight months just pretty much destroyed my working life and affected my entire family," Hatami said Wednesday during a news conference announcing the lawsuit. He was accompanied by his attorney Brian E. Claypool of Pasadena.

Gascón's spokesman, Greg Risling, declined to comment on behalf of the office.

Maxwell Szabo, a former spokesman for Gascón, said in an email in response to the allegations against him personally: "I haven't been served with a lawsuit, and that's because the statements made were lawful, protected speech, meaning any lawsuit would result in him paying my legal fees. This is a rather sad and desperate attempt to get himself in front of the cameras, but for Mr. Hatami the show must go on."

Szabo said he could not comment on behalf of Gascón or his office.

The lawsuit's allegations include retaliation in the form of being denied a promotion and cases that fall within his jurisdiction as a response to Hatami's criticism of Gascón's directives; defamation by the DA for comments including one that said Hatami had sought the death penalty in a case because his ego was hurt and he wanted to retaliate against the defendant, as well as defamation allegations against Szabo for allegedly calling Hatami a rogue DA, a liar and questioning his fitness to practice law.

The lawsuit also alleges race discrimination by Gascón, who allegedly called Hatami an "internal terrorist" and for the denial of case assignments and a promotion for being of Iranian descent and having a Muslim father, according to the filed complaint.

"I spoke out against George Gascón from the beginning when he first announced he was running," Hatami said. "I never thought, though, that an actual elected DA would call an employee unfit and delusional. I never thought an elected DA would use the term 'internal terrorist.' I've never thought an elected DA would say that I only sought capital punishment because of my ego."

Hatami is seeking damages for loss of wages; physical, mental and emotional injuries; attorney fees, costs of suit incurred and other relief the court may deem proper. Jon Hatami v. County of Los Angeles et al., 21STCV32870 (L.A. Sup. Ct., filed Sept. 3, 2021).

In addition to the complaints by Randolph, Sonnenberg and Hatami, Gascón is also facing a lawsuit by the Association of Deputy District Attorneys for Los Angeles, who alleged some of Gascón's directives are illegal, such as demanding deputies dismiss three strikes law sentence enhancements. Association of Deputy District Attorneys v. George Gascón, 20STCP04250 (L.A. Sup. Ct., filed Dec. 30, 2020).

In a ruling in February, Los Angeles County Superior Court Judge James C. Chalfant ruled Gascón could not implement a blanket policy preventing prosecutors from seeking enhancements and that prosecutors are not prevented from seeking increased prison sentences under the three strikes law unless they have legal ground to argue dismissing or withdrawing charges is in the interest of justice.

Gascón 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.

Randolph's and Sonnenberg's claims, which are being handled by Gregory W. Smith of Beverly Hills, have been assigned to Judge Dennis J. Landin and Judge Armen Tamzarian, respectively. 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).