A Los Angeles County sheriff's sergeant is asking a judge to strip punitive damages from a deputy's workplace-retaliation lawsuit that hinges on a particularly awkward allegation: a supervisor allegedly texted a photo of the sheriff sitting naked on a toilet seat. County lawyers say the complaint does not spell out the kind of intentional misconduct needed to justify exemplary damages, and they want that piece of the case gone before a jury ever hears it.
The move sets up a relatively quiet but important skirmish over what a future jury will be allowed to weigh if the lawsuit goes forward.
As reported by MyNewsLA, attorneys for Los Angeles County and Sgt. Bernie Lopez has filed papers with Judge Kevin C. Brazile asking that Deputy William Winters' claim for punitive damages be tossed ahead of a June 12 hearing. Defense lawyers point out that Winters agreed in a conference to drop his intentional-infliction-of-emotional-distress claim while hanging on to his bid for exemplary damages, which they argue carries a higher legal bar.
Allegations in the Suit
According to the complaint, Winters was hired in August 2024 and assigned to Metrolink train security before he complained that Lopez sent the offensive toilet-seat image, MyNewsLA reports. The lawsuit alleges Lopez then turned around and accused Winters of sharing the photo, leading to Winters' suspension and reassignment to an inmate-watch post that allegedly cost him patrol bonuses and disrupted his family life.
In court papers cited by the defense, one lawyer boiled the pleading down bluntly, writing, "All he has done is plead one sentence that Sgt. Lopez sent him an unwanted photo."
What Punitive Damages Require in California
Under California law, punitive or "exemplary" damages are reserved for cases where a plaintiff proves by clear and convincing evidence that a defendant acted with malice, oppression, or fraud, and courts typically insist on specific factual allegations before letting such claims move ahead. The standard is set out in Civil Code section 3294, available via Justia. The county contends that the alleged sending of an unwanted photo does not clear that legal hurdle.
What to Watch
Judge Brazile is set to hear the county's motion on June 12 and will decide whether Winters can ask a jury for punitive damages. The ruling could significantly narrow the case and shape how any retaliation and harassment claims inside the Sheriff's Department are presented to jurors on punitive theories.
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