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C.A. Revives Suit by Ex-Sheriff Official Against L.A. County
Opinion Says Retaliation, Discrimination Claims by Former Department Head Relating to Allegations That Villanueva Covered Up Excessive Force Incident at Courthouse Survive Pleading Scrutiny
By a MetNews Staff Writer
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LAJUANA HASELRIG ex-Sheriff’s Department division chief |
Div. Eight of this district’s Court of Appeal held Friday that a trial judge improperly dismissed an action filed by a former division chief at the Los Angeles Sheriff’s Department who alleges that she was discriminated against on the basis of race and suffered retaliation at the hands of then-Sheriff Alex Villanueva after she pursued an investigation into a purported excessive force incident that she likened to the George Floyd scandal.
In an unpublished opinion authored by Justice Victor Viramontes, the court declared that the claims against the county survive pleading scrutiny but said that those filed against Villanueva relating to his statements to the press purportedly blaming her for the cover-up were properly dismissed as they are barred by Civil Code §47(a), which provides that public statements made “[i]n the proper discharge of an official duty” are privileged.
The incident in question occurred on March 10, 2021, at the San Fernando Courthouse. In video footage of the altercation, inmate Enzo Escalante is seen throwing punches at Deputy Douglas Johnson before the officer places his knee on Escalante’s neck.
Escalante reportedly struggled to breathe while he was being restrained but survived the incident. Commander Allen Castellano reported the altercation to Chief of the Court Services Division LaJuana Haselrig, who says in her pleading that she took the matter to Assistant Sheriff Robin Limon.
Steps to Thwart
Haselrig claims that Villanueva immediately began taking steps to thwart any internal investigation into whether Johnson used excessive force. The former chief says she created a paper trail of her efforts to have the incident looked at by internal affairs departments.
In the fall of 2021, a new captain, Angela Walton, took an interest in the matter and succeeded in having it looked into by an internal review section. Haselrig claims that only then did Villanueva open his own investigation into the matter.
On March 25, 2022, the Los Angeles Times obtained a copy of the video and published a story titled “Fearing Bad Publicity, LASD Covered Up Case of Deputy Who Knelt on Inmate’s Head.” The story credits Castellano with saying in an internal report that officials decided not to pursue criminal charges against the inmate to avoid drawing attention to the matter.
A spokesman for the sheriff said that he did not learn about the video until November 2021. Three days later, Villanueva held a press conference, he said the media coverage was motivated by politics, and blamed the “division chief” for not pursuing any criminal investigation.
After the media event, a memorandum was released to media outlets that purportedly pointed the finger at Limon and Haselrig for committing “gross” failures in leadership and attempting to cover up the courthouse altercation.
Haselrig claimed that she was constructively terminated shortly after the press conference. In September, Haselrig filed a complaint against the county, Villanueva, and other officials.
Allegations in Complaint
Among other claims, Haselrig, who is Black, asserted causes of action against the county for whistleblower retaliation and racial discrimination. In the pleading, she claimed that Villanueva “targeted [p]laintiff for being African American” and retaliated against her because she opposed his illegal conduct.
She also asserted claims of defamation against Villanueva and other department officials.
In August 2023, Los Angeles Superior Court Judge Rupert A. Byrdsong sustained defense demurrers to all but one causes of action. Judgment was entered in favor of the defendants after Haselrig voluntarily dismissed the single remaining count.
Friday’s opinion, joined in by Presiding Justice Maria E. Stratton and Justice John Shepard Wiley Jr., directs the trial court to “vacate…and enter a new order” overruling the county’s demurrer to the racial discrimination and retaliation claims.
Whistleblower Retaliation
As to the whistleblower retaliation cause of action, Viramontes said:
“To plead a violation of Labor Code section 1102.5, plaintiff must allege she engaged in whistleblowing activity protected by the statute, and that the protected activity was a contributing factor in her suffering an adverse employment action.”
Subdivision (b) of that section provides:
“An employer…shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance,…if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.”
He disagreed with the county’s assertion that Haselrig failed to plead the essential elements of the claim, writing:
“Plaintiff alleges the Escalante incident involved an excessive use of force that likely violated state law, federal law, and LASD protocols. Plaintiff adequately alleges, within the meaning of Labor Code section 1102.5, that she reported a violation of federal, state, or local law. Plaintiff also alleges she reported the Escalante incident to Limon, her supervisor; asked that the video be shown to Villanueva; and directed Castellano’s efforts to follow LASD protocols to investigate the Escalante incident. The complaint therefore adequately alleges plaintiff’s report was made ‘to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance.’ ”
Other Factors
The jurist added:
“While other factors, including the Los Angeles Times article, may also have played a role in the County’s decision to constructively terminate her, she adequately alleges that her initial report of the Escalante incident in March 2021 and her subsequent efforts to ensure it was investigated were contributing factors. She was not required to allege they were the sole motivating factors.”
Addressing her racial discrimination claims, he remarked:
“Plaintiff alleges she is an African American woman who worked for over three decades at the LASD, receiving several promotions and attaining the rank of chief of the Court Services Division. She alleges numerous statements by Villanueva reflecting racial animus, as well as animus directed at plaintiff based on her efforts opposing conduct she believed violated the rights of African American personnel at the LASD. She alleges Villanueva’s racial animus was a contributing factor to her termination.”
Turning to the claims against Villanueva, Viramontes opined:
“Villanueva’s public statements about the LASD’s handling and investigation of the Escalante incident were unquestionably statements about matters of public interest that fell within the scope of his duties as the head of the LASD. Those statements, even if made with malicious intent, are protected by the absolute privilege of Civil Code section 47, subdivision (a).”
The case is Haselrig v. County of Los Angeles, B334774.
Villanueva, who switched his party affiliation to Republican earlier this year, was replaced by Robert Luna after losing the November 2022 election. He announced that he is running to regain his position in the 2026 race.
Haselrig was represented by Vincent Miller and James Jin-Woo of Vincent Miller Law, based in Encino. Acting for the defendants were Avi Burkwitz, Gil Burkwitz, and Gayane Muradyan of the Burbank-based Peterson Bradford Burkwitz Gregorio Burkwitz & Su LLP.
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