Jury Awards $3M in OC Prosecutor Harassment Case

A San Diego jury found that former Orange County prosecutor Tracy Miller was forced to retire due to harassment and retaliation by District Attorney Todd Spitzer and his top assistant, Shawn Nelson, who is now a Superior Court judge. Miller, after 25 years of service, claimed Spitzer and Nelson created a hostile work environment, especially following her protection of younger prosecutors who reported sexual harassment by another prosecutor. The jury awarded Miller $3 million in economic damages and $25,000 in punitive damages from Spitzer, while finding that Orange County failed to intervene. Nelson was found not to have acted with malice. The verdicts on harassment and retaliation were mostly decisive, though not always unanimous, and the case was moved to San Diego due to the defendants' official positions. Spitzer testified that the damages would significantly affect his family's finances and indicated he may not seek re-election after his term ends in two years.