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America March 8, 2023 3 mins read

Jury awards $1.5 million in 1st retaliation lawsuit against DA Gascón

America ı By Jackie Allen

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retaliation lawsuit

A former Los Angeles County prosecutor, Shawn Randolph, was awarded $1.5 million in her retaliation lawsuit against District Attorney George Gascón

The jury divided the verdict at $750,000 each for emotional distress suffered in the past and future.

Randolph accused Gascón of retaliating against her for objecting to his policies. She claimed that she was denied job opportunities in the DA’s office in retaliation. And her career was stifled as a result.

1st retaliation lawsuit in court 

This case was the first of about 20 pending lawsuits that have been filed by prosecutors with similar charges. 

Randolph’s attorney, Beth Correia, said the case "shined a light on what's been happening in the DA's office." And she recommended to other plaintiffs "hang tough" until the cases get to court.

Randolph was the head prosecutor in charge of the District Attorney’s Office’s Juvenile Division. She supervised about 50 lawyers and 50 civilian workers before Gascón took office. 

No deterrents for violent crimes

In 2020, when Gascón was signed in, he announced numerous directives. And those policies mandated Randolph use alternative theories of the prosecution. She complained that they minimized a juvenile's criminal conduct, even the most violent offenses.

The suit also claimed that the policy created a false and misleading description of the crimes committed. And that she was directed not to file strike offenses against juveniles. And to only file lesser charges, such as assault.

The directive also mandated that Randolph could not file any enhancements for egregious violent conduct, according to the suit.

Randolph repeatedly disclosed to her superiors that juvenile petitions made under Gascón’s policy were not truthful, and filing such petitions before a court violates the ethical and statutory duties of a prosecutor. 

Randolph pointed out that under Gascón’s directive, violent juvenile murderers could not be tried as adults.

The suit also claimed that “In essence, plaintiff was directed not to file strike offenses against juveniles and this directive creates a false and misleading description to the court of the crimes that were actually committed.” 

The ability of a prosecutor to file a strike offense, such as robbery, has a deterrent effect. If the juvenile commits another serious or violent felony as an adult, his or her sentence can be doubled, according to the suit. 

The lawsuit filed by Randolph was a warning sign to Gascón and other LA prosecutors that the policy change was not acceptable. Such directives could increase crime. And will result in more prosecutors filing retaliation lawsuits.

Jury agrees Randolph punished for questioning Gascón’s policy

In February 2021, Randolph was transferred to the parole division, a "dead-end position for a head deputy." She was denied transfers to head the District Attorney's branch offices in Torrance and Long Beach Superior Court. 

Gascón did not promote her despite the fact she was the most qualified applicant for those positions. 

County attorneys argued that the transfer did not result in a demotion of Randolph, since she kept the same salary.

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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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