Sheriff Robert Luna has been removed as a defendant in a whistleblower retaliation lawsuit filed by a Los Angeles County Sheriff’s Department lieutenant who says Luna has formed a “hit squad” against those who supported former Sheriff Alex Villanueva.
Lt. Shawn O’Donnell’s Los Angeles Superior Court lawsuit allegations also include sexual and racial harassment. On Jan. 22, Judge Peter Hernandez heard arguments regarding a motion by attorneys for the county and Luna challenging O’Donnell’s claims of sexual and racial harassment, but not the multiple other causes of action that are focused on the county only.
The judge took the case under submission and issued his final ruling Tuesday.
“The court finds that plaintiff’s allegations regarding Luna are insufficient to state a claim for sexual and racial harassment,” the judge wrote. “All that plaintiff alleges is that Luna ordered and planned for other individuals to harass plaintiff. This allegation is highly speculative and does not amount to be sufficiently severe and pervasive to constitute harassment.”
O’Donnell, who is white, also alleges that Capt. Pilar Chavez of the East Los Angeles sheriff’s station showed him photos of her breasts. O’Donnell also contends that Chavez, a Latina, racially harassed him. Chavez also is a defendant in the case and the judge gave O’Donnell 20 days to file an amended complaint more fully supporting the sexual and racial harassment claims as they pertain to Chavez as well as the plaintiff’s request for punitive damages against the captain.
In his ruling, the judge noted that O’Donnell had maintained that Luna, Chavez and Luna’s chief of staff, Jason Skeen, were behind a “pervasive and targeted campaign of harassment against plaintiff with specific incidents of racially and sexually charged conduct.”
In their court papers, county attorneys denied any wrongdoing by Chavez.
“There is no claim that she made inappropriate sexual comments, that she made any type of graphic gestures or sexual innuendos or that anything happened to his employment because of his gender,” according to the county lawyers, who further stated that O’Donnell, who is white, states no explanation as to how Chavez, a Latina, racially harassed him.
The county attorneys further stated that O’Donnell gave no information as to how Skeen allegedly sexually harassed the plaintiff. In addition, O’Donnell never contended that he interacted with Luna or that the sheriff even knew who he is, according to the county attorneys’ court papers.
According to O’Donnell’s suit filed last Dec. 11, Luna and members of his administration have formed a “hit squad” to retaliate against Villanueva backers within their department, and have been supported by the Board of Supervisors.
“Under Luna’s administration, systemic retaliation, harassment and race-based discrimination have thrived in the LASD,” O’Donnell’s court papers state. “Luna and his loyalists, including key members of his transition team, have targeted individuals seen as former Sheriff Villanueva’s allies and those defending against claims of public corruption linked to Luna’s political backers.”
O’Donnell believes his chances for career advancement have been “adversely affected and irreparably harmed,” the plaintiff’s court papers state.
According to the suit and a claim filed as a forerunner of O’Donnell’s legal action, the 45-year-old plaintiff was a vocal and known proponent of Villanueva in the months before the Nov. 8, 2022 election in which Luna unseated Villanueva.
A month before the election, O’Donnell was transferred from the East Los Angeles station to the Narcotics Bureau, Detective Division, with an effective date of Dec. 11, 2022, the plaintiff’s court papers state. However, shortly after Luna was elected, O’Donnell was notified that Luna was canceling his move to the Narcotics Bureau, O’Donnell’s court papers state.
O’Donnell and another Villanueva supporter were not told why their job transfers were blocked, so the plaintiff filed a grievance alleging political retaliation and a claim with the state, O’Donnell’s court papers further state.