Prosecutor Miller Wins $3M Verdict Against OC DA Spitzer
Table of Contents
Case Background
Tracy Miller, a decorated prosecutor who served the Orange County District Attorney’s Office for twenty-five years, filed this explosive lawsuit after she felt the office's executive leadership had forced her into early retirement. Miller had risen to the rank of Senior Assistant District Attorney and held significant responsibility under the newly elected District Attorney, Todd Spitzer. The trouble began when Miller tried to defend junior female colleagues who previously had reported being sexually harassed by one of Spitzer’s closest personal friends and top prosecutors, Gary LoGalbo. Miller stood up to the office's handling of the harassment claims, which she asserted had devolved into a cover-up and retaliation scheme against the victims.
Cause
Miller's cause of action stemmed directly from the executive team's alleged reaction to her defense of the female prosecutors and her whistleblowing efforts regarding other alleged misconduct, including political interference in capital murder cases. She claimed that District Attorney Todd Spitzer and Chief Assistant District Attorney Shawn Nelson (who later became a Superior Court Judge) systematically humiliated her, undermined her authority, and created a hostile and toxic work environment. This pervasive conduct forced her to retire from the job she loved in what the lawsuit termed a "constructive termination."
Injury
Miller sought compensation for significant injuries she suffered as a direct result of the Defendants' actions. These injuries included substantial future economic loss related to her forced, premature retirement from a high-paying executive position. Crucially, she also claimed severe emotional distress, worry, anxiety, and humiliation stemming from the continuous campaign of harassment and the sudden loss of her long-term career.
Damages Sought
Miller sought recovery for past and future economic losses and compensation for emotional distress. Additionally, she pressed the jury to award punitive damages against the individual Defendants, Spitzer and Nelson, arguing that their actions were willful, malicious, and oppressive, deserving of punishment to deter similar future misconduct.
Key Arguments and Proceedings
The trial was not held in Orange County due to the powerful position of the Defendants and instead proceeded in the Superior Court of California, County of San Diego. The intense, multi-week trial unfolded with dramatic testimony from Miller, her allies, and the Defendants themselves.
Legal Representation
Plaintiff(s): Tracy Miller
· Counsel for Plaintiff(s): John D. Barnett | Bijan Darvish
Defendant(s): Todd Spitzer | Shawn Nelson
· Counsel for Defendant(s): Tracey Kennedy | Tyler Johnson | Mullin Sheppard | Richard B. Azada | Nathan Yu
Key Arguments or Remarks by Counsel
Claims
Miller's attorneys, John Barnett and Bijan Darvish, argued that the evidence established a clear pattern of illegal workplace behavior. They asserted that District Attorney Spitzer and then-Chief Assistant DA Nelson systematically marginalized Miller after she had cooperated with an investigator looking into sexual harassment allegations against Spitzer’s friend, LoGalbo. The harassment included Spitzer using gender-based slurs, publicly criticizing Miller, attempting to take away her successful youth anti-gang program, and attempting to discipline a female prosecutor who had reported the harassment. Miller's attorneys contended that this conduct intentionally created a working environment so hostile that any reasonable person would have been forced to leave, which constituted constructive termination. They emphasized that Miller’s report or opposition to sexual harassment was the "substantial motivating reason" for the adverse actions taken against her.
Defense
Attorneys for the County, Spitzer, and Nelson maintained that Miller had not suffered harassment or retaliation. They characterized Miller's retirement as a voluntary "changing of the guard" and argued that she simply disliked the new administration’s management style. The defense asserted that Miller remained an "at-will" employee who could have been dismissed at any time, but instead received a promotion under Spitzer. They vigorously denied any intent to force her out, stating that no documentation existed proving Spitzer or Nelson wanted her to leave. They also countered that the County provided reasonable preventative and corrective measures for harassment, which Miller failed to utilize effectively. Defense counsel also argued strongly against punitive damages, suggesting the $3 million already requested for compensation was sufficient and that the public verdict itself served as a deterrent message.
Verdict
After weeks of testimony, the San Diego jury returned a landmark verdict on June 5, 2025, finding for former prosecutor Tracy Miller on nearly all of her claims. The jury determined that the County of Orange, District Attorney Todd Spitzer, and former Chief Assistant District Attorney Shawn Nelson were liable for creating a hostile work environment and illegally retaliating against Miller for her protected activities. The verdict found that Miller’s reporting of sexual harassment was a "substantial motivating reason" for the adverse actions taken against her, ultimately forcing her retirement.
The jury awarded Miller substantial compensatory damages for both economic loss and emotional distress. Furthermore, the jury assigned personal liability to District Attorney Todd Spitzer for his malicious conduct in the case.
The jury officially awarded the following damages:
Total Compensatory Damages (Economic and Emotional Distress): $3,000,000
Punitive Damages (Against Todd Spitzer): $25,000
The total liability assigned to the Defendants: Todd Spitzer, and Shawn Nelson-was $3,025,000. The County of Orange was ultimately responsible for the $3 million compensatory award, while Todd Spitzer had to personally pay the $25,000 in punitive damages. This verdict marked a rare and significant defeat for an elected District Attorney in a case brought by one of his top deputies.
Court documents are available upon request at jurimatic@exlitem.com