A judge has awarded $1.54 million in attorneys’ fees to former senior prosecutor Tracy Miller, in addition to the $3 million jury verdict she received earlier this year in a retaliation and harassment lawsuit against Orange County officials.
A San Diego County Superior Court jury in June found that District Attorney Todd Spitzer and his former second-in-command, now Judge Shawn Nelson, harassed and retaliated against Miller — the highest-ranking woman in the Orange County District Attorney’s Office at the time — after she sought to protect and support younger female prosecutors who reported sexual harassment by former supervisor Gary Logalbo. Jurors also found that the County of Orange failed to take reasonable steps to prevent the harassment and retaliation.
The jury awarded Miller $3 million in damages and imposed $25,000 in punitive damages against Spitzer personally. The court on Dec. 12 awarded Miller an additional $1,542,215 in attorneys’ fees, according to a statement released by her attorney.
“This ruling reinforces that civil rights laws have real meaning and real consequences,” John D. Barnett, Miller’s attorney, said in a statement. “The attorneys’ fee award recognizes the extraordinary effort required to hold powerful public officials accountable and ensures that victims of retaliation are not deterred from seeking justice because of the cost of litigation.”
Barnett’s statement said both the $3 million judgment and the attorneys’ fee award will be paid from Orange County’s general fund. County officials declined to comment on the attorneys’ fee ruling or questions about how the payments would be funded, which county programs could be affected, or how much the county spent defending the case.
In a statement, Orange County District Attorney’s Office spokesperson Kimberly Edds said the office supports victims of sexual harassment and their right to seek compensation, but does not share the jury’s conclusion that Miller was harassed or retaliated against.
“The District Attorney’s Office disagrees with the jury’s verdict that Miller was harassed or retaliated against, but we respect its decision,” the statement said.
Miller’s lawsuit is the first of at least five pending cases filed by current and former female prosecutors alleging sexual harassment by Logalbo and retaliation after the allegations surfaced.