A lawsuit brought by a female prison guard who alleges supervisors at the California City facility did not do enough to protect her from sexual harassment by a male supervisor has been transferred by a judge from Los Angeles County to Kern County.
Plaintiff Irene Medina’s allegations include retaliation, gender violence, civil rights violations and harassment. On Tuesday, Los Angeles Superior Court Judge Wendy Chang agreed with the Attorney General’s Office that the case was improperly brought in Los Angeles County.
“Proper venue lies in Kern County,” according to a minute order prepared by the judge’s clerk.
According to the Attorney General’s Office, Medina’s complaint made a “speculative allegation regarding the location where her employment records are maintained and administered, asserting that it is in Sacramento.”
Medina’s lawyers then cited a statute that permits actions against the state that may be brought in Sacramento to be filed instead in any county where the Attorney General’s Office has a facility, including Los Angeles County, according to the Attorney General’s Office’s pleadings.
However, actions alleging “injury” to a plaintiff that are brought against the state must be heard in the county where that injury is alleged to have occurred, according to the Attorney General’s Office’s court papers, which further stated that all of the Medina employment records her attorneys say are maintained in Sacramento are actually kept at a local level.
Medina was hired in February 2020 at the California City Correctional Facility, where the late Sgt. Marco Soberanes was her supervisor, the suit states. The Soberanes estate is a co-defendant in the suit.
The suit claims that from November 2022 to January 2023, Soberanes sexually harassed and assaulted Medina. In one instance, Medina was working as a front entrance officer when Soberanes allegedly took photos of her without her permission and texted them to her.
During the same time period, Soberanes at times put his hands on Medina’s shoulders and slapped her inappropriately, the suit alleges. Medina complained to another sergeant and less than a week later a tearful Soberanes asked her to forgive him, the suit states.
“I never meant to cause you any type of harm or stress,” Soberanes said, according to the suit, which further states that he also told the plaintiff, “I didn’t know I had touched you in such a way, I thought I had touched your waist. I have special feelings for you because you are a great woman and I admire you.”
But Soberanes’ comments actually were insincere and manipulative and he intended to intensify his coercion of her and avoid accountability for his alleged actions, the suit states filed Oct. 23 states.
In January 2023, Medina was again working at the facility’s front entrance when Soberanes hugged Medina and kissed her on the left cheek and made an inappropriate and lewd comment in Spanish, leaving Medina with feelings of sadness, guilt and humiliation as well as worried for her safety, according to the suit.
Medina filed written complaints against Soberanes, who she believes had a pattern of harassing and assaulting women that was overlooked by other supervisors, the suit states.
Medina used all her sick leave in order to get therapy and the CDCR has not worked with her to accommodate her as she deals with her “fragile” mental health, the suit states.
Soberanes retired in March 2023 and the former Apple Valley resident died the next month at age 55. He had worked since March 2014 at the California City facility and served with the CDCR for 23 years.