Gutierrez et al. v. Los Angeles County Probation Department

Superior Court of the State of California for the County of Los Angeles
Case No. 24STCV06193

This lawsuit is brought by Deputy Probation Officers against the Los Angeles County Probation Department (LACPD) who were intentionally denied reasonable accommodation for their medical injuries and restrictions. The lawsuit has been filed as a class action on behalf of employees required to work in a juvenile detention facility which included incarcerated individuals between the ages of eight (8) and twenty-five (25) years to perform custodial duties including physically restraining and retaining belligerent and violent incarcerated individuals (referred to as “Youth Offenders”), who have been charged with seriously violent crimes such as rape, sexual assault and murder. Plaintiffs were not adequately trained nor provided requisite personal protective equipment such as that typically provided to correctional officers facing the same or similar level, risk, and nature of physical injury.

The lawsuit alleges that the LACPD has adopted a discriminatory and irrational policy which equally threatens the physical safety of its custodial and non-custodial staff and the Youth Offenders under the care and custody of the LACPD. Under this policy, more fully described below, LACPD refuses to provide reasonable accommodation or engage in a meaningful interactive process for purposes of affording such accommodation.

The Plaintiffs intend to ask the Court to certify that the case should proceed as a class action on behalf of the following individuals:

  1. All current and former employees of THE LOS ANGELES COUNTY PROBATION DEPARTMENT who were assigned to perform the full duties of a DETENTION SERVICES OFFICER (regardless of rank) despite having medical restrictions that necessitated a "Limited Light Duty Position" for the three years leading up to the filing of this Complaint. A "Limited Light Duty Position" involves temporary assignments with less physically demanding tasks and limited contact with Youth Offenders. Examples of such assignments include administrative duties at a reception desk, overseeing entrance or patrolling parking lots, managing movement within a facility, placement in a secured booth, or tasks conducted outside or away from detention facility living units.

  2. All current and former employees with medical restrictions requiring a light duty position who were ordered to stay at home and not return to their duties until they no longer had medical restrictions.

The lawsuit has been filed and served on the LACPD. Counsel have also asked the Court for a temporary restraining order and preliminary injunction to prevent the LACPD from enforcing its discriminatory policies. Counsel will update further information and the Court’s rulings in the case. Please check back regularly for these updates.