Ex-Orange County prosecutor sues DA Todd Spitzer for $15 million, alleging harassment and retaliation

A former Orange County prosecutor has filed a $15 million sexual harassment and retaliation lawsuit against District Attorney Todd Spitzer, his office and the county, alleging repeated unwanted advances from a supervisor and professional retaliation after she complained.

The 10-count complaint, filed Sept. 8 in Orange County Superior Court, is the latest workplace harassment case against Spitzer's administration, which has already cost taxpayers millions of dollars in costs and verdicts. Jane Doe v. County of Orange et al., 30-2025-01509844-CU-WT-WJC, (O.C. Super., Ct., filed Sept. 08, 2025)

Judge Sheila Recio is assigned to the case. Timothy A. Gauthier of Vanguard Litigation represents the plaintiff but was unavailable for comment.

The plaintiff, identified as Jane Doe, alleges Jess Rodriguez, then head of the Felony Sexual Assault Unit, began making advances toward her in April 2023.

According to court filings, Rodriguez sent texts including, "I need to get in some quality time watching you bend over to reach the projector" and "Which suit? Gimme something to have sweet dreams about tonight."

The lawsuit alleges Rodriguez suggested promotions in his unit were contingent on "courting his attention" and that he urged Doe to meet privately to "work on her trial presence," despite her record as the highest-performing prosecutor in her division.

"As soon as we were informed of the government claim on making these sexual harassment allegations, within minutes that manager was placed on administrative leave and he has since resigned," DA's office spokeswoman Kimberly Edds said Tuesday.

Rodriguez was placed on leave in March and resigned June 18. He did not respond to requests for comment.

After rejecting Rodriguez, Doe claims supervisors Richard Zimmer and Rebecca Reed retaliated by denying her plea authority in cases where other prosecutors were allowed to negotiate.

According to Edds, Doe did not raise harassment concerns when she resigned. "She asked if her job would still be there if it didn't work out with her new employer," Edds said. "The DA explained that he couldn't make any promises given the county's current financial situation, and they weren't in a position where the office could be holding jobs for people."

Zimmer now serves as a superior court judge in Orange County. A court spokesperson said ethics rules bar him from commenting. Reed, who left the DA's office in March, did not respond to requests for comment.

The lawsuit states retaliation escalated after Doe filed HR and Equal Employment Opportunity complaints in August 2024. While her EEO claim was pending, Zimmer issued a notice of investigatory meeting citing alleged performance issues predating her complaints.

The complaint also cites the DA's handling of sexual harassment claims against Gary LoGalbo, a deceased former top prosecutor and Spitzer's best man, who was accused in multiple lawsuits of harassing female prosecutors and retaliating against those who reported him.

This year a San Diego jury awarded more than $3 million to Tracy Miller, the former highest-ranking woman in the DA's office, who alleged harassment and retaliation by Spitzer and then-chief of staff Shawn Nelson. Tracy Miller v. County of Orange et al., 30-2022-01262015-CU-OE-CJC (Orange County Super. Ct., filed May 31, 2022)

Miller said at a June news conference that at least eight other misconduct lawsuits remain pending. She was not available for comment Tuesday.

In Doe's case, court documents state an internal investigative report was distributed office-wide despite promises of confidentiality. She was identified as "the female attorney who was Asian."

"The mass distribution and exposure of identities made clear to plaintiff that any promise of confidentiality was meaningless and that reporting harassment would subject her to public humiliation, professional harm, and retaliation," the lawsuit alleges.

The complaint also claims a hostile environment began in 2020, when then-Chief Assistant DA Shawn Nelson threatened Doe with termination unless she withdrew a judicial application. Spitzer later told a third party her job was "safe" only because firing "an Asian female with higher aspirations" would create bad optics.

The Orange County Board of Supervisors stripped Spitzer's office of human resources oversight, transferring eight HR positions to county management following a $3 million jury award against Spitzer.

The board approved moving two HR administrators, one senior manager, four staff specialists and one office assistant from the DA's office to County Human Resource Services, effective Aug. 22.

In September 2024, the county paid $2 million to settle claims by former investigator Damon Tucker, who alleged Spitzer quashed a money laundering probe.

Edds said the office has since strengthened anti-harassment protocols in coordination with the Board of Supervisors, county HR, and the CEO. "The office increased mandatory training for all employees and added requirements for managers on anti-harassment protocols and county CEO policy compliance," she said. "Officials repeatedly emphasized multiple reporting avenues... These enhanced measures ensure immediate investigation and appropriate action."

Doe seeks $10 million in emotional distress damages, $5 million in defamation damages, plus punitive damages, attorney fees and other relief. Her claims include sexual harassment, hostile work environment, retaliation, discrimination, intentional infliction of emotional distress, negligent supervision, wrongful constructive termination and defamation.