SACRAMENTO - The former interim Placer County District Attorney has won the right to continue her lawsuit against the county for demoting her, allegedly in retaliation for working with investigators looking into allegations of misconduct by a member of the county board.
On Jan. 25, a three justice panel of the California Third District Court of Appeal ruled in favor of plaintiff Jennifer Miszkewycz in her ongoing legal battle with Placer County.
In the ruling, the justices knocked down Placer County's attempts to argue that its decision to act against Miszkewycz essentially amounted to political activity, because the demotion was the "result of an official proceeding," which would be protected under the California state law prohibiting lawsuits against people or organizations for statements made concerning an issue or topic being discussed by a public body - lawsuits commonly referred to as "strategic lawsuits against public participation," or SLAPPs.
The justices said the county's decisions concerning Miszkewycz's employment cannot be considered speech, and thus aren't protected by the anti-SLAPP law.
Miszkewycz launched her legal action against Placer County in 2021.
According to court documents, she had worked for the county since 2006, when she was hired as a deputy district attorney.
In 2018, she had been promoted to the position of assistant district attorney, considered a leadership position within the agency.
In December 2019, the then-district attorney retired, and was replaced by Charles Wilson. Within days, Wilson read Miszkewycz a text message he had received, allegedly from the wife of a Placer County Board member, which Miszkewycz said was a "quid pro quo" and potential public corruption.
According to court documents, a complaint was then filed with the Fair Practices Political Commission. Wilson was then placed on administrative leave, and Miszkewycz became interim D.A.
According court documents, Miszkewycz then inquired with the California Attorney General's office concerning her ethical abilities to both investigate the complaint and serve as D.A. The Attorney General's office then launched an investigation, and Miszkewycz cooperated with the investigation, informing investigators of the existence of the alleged quid pro quo text message.
In April 2020, the county appointed a new D.A., Morgan Gire, who still holds the post, after winning election in 2022. Gire has not been named as a defendant.
In July 2020, Miszkewycz was demoted to the position of senior deputy district attorney, removing her from leadership within the office and costing her $40,000 a year in salary.
Miszkewycz sued the county about a year later, claiming Placer County officials had allegedly retaliated against her for participating in the investigation and created an illegal hostile work environment.
In response, the county argued Miszkewycz couldn't sue over the demotion, because the decision "was connected to an official proceeding because a section of the County Code authorized her demotion," according to the appellate court's decision. The county further argued Miszkewycz's hostile work environment claim should fail because it was allegedly connected to the same public proceedings, which the county argued should be considered speech.
The matter was transferred to Superior Court in neighboring El Dorado County. There, Judge Sullivan denied the county's attempt to use the anti-SLAPP statute to dismiss Miszkewycz's lawsuit
On appeal, the Third District Appellate justices agreed with the lower court.
In the decision, the appellate justices said Placer County's arguments amounted to a misreading of California Supreme Court decisions addressing when official actions can be considered SLAPP-shielded speech, rather than litigable decisions.
In this case, the appellate justices said Miszkewycz isn't suing over statements made against her by county officials, but rather over the county's adverse employment actions against her.
The appellate court upheld the lower court's decision, and said Miszkewycz was entitled to continue her lawsuit against the county.
The decision was authored by Justice Ronald D. Robie. Justices Louis Mauro and Peter A. Krause concurred.
Miszkewycz is represented by attorneys Lawrance A. Bohm and Zane E. Hilton, of the Bohm Law Group.
Attorneys Jesse Jeremy Maddox and Monica M. Espejo, of the firm of Liebert Cassidy Whitmore, represented Placer County.