Lawsuit filed by former LA County Sheriff Alex Villanueva over his placement on ‘do not rehire list’ is dismissed

LOS ANGELES — A federal judge has tossed former Los Angeles County Sheriff Alex Villanueva’s lawsuit against the county over his placement on a “do not rehire” list, according to court papers obtained Saturday.

Villanueva, who lost his bid for re-election in 2022, was investigated by an oversight panel looking into harassment and retaliation complaints stemming from comments the controversial former sheriff made about Inspector General Max Huntsman and for allegedly targeting and harassing women of color.

The ex-sheriff alleged in federal court that he was investigated without being informed or given a chance to respond.

In an order issued Friday, U.S. District Judge Steven Wilson granted dismissal ultimately because Villanueva failed to sufficiently show that the county deprived him of due process or that his First Amendment rights were violated.

The judge dismissed the case without prejudice, meaning Villanueva can re-file it at a later date. Wilson granted the plaintiff two weeks to amend and re-file the lawsuit. If the amended complaint does not correct the deficiencies identified by the judge, it will be dismissed permanently, Wilson wrote in his 13-page order.

Villanueva’s attorney did not immediately respond to a request for comment Saturday.

The suit — which alleges civil rights violations, defamation, and intentional infliction of emotional distress — contends that the allegations against Villanueva had already been determined to be unfounded, but the county went forward anyway with an investigation “without ever notifying Villanueva or providing him with notice of any type.”

Villanueva said he was never able to address the allegations, nor was he made aware of the findings. The results of the probe, Villanueva would learn, “placed him on a `Do Not Hire’ list that severely affects, limits, and otherwise precludes Villanueva’s employment opportunities in the county government, as well as directly and indirectly detrimentally affecting Villanueva’s employment prospects across the board,” according to the 248-page June filing in L.A. federal court.

In his dismissal order, Wilson found that the county provided Villanueva with an opportunity to be heard, but the ex-sheriff refused to meet with the investigator unless he received the interview questions in advance, which was against county policy.

Jason H. Tokoro, outside counsel for L.A. County on the case, commended the court’s dismissal.

“We appreciate the court’s ruling and that it agreed with our arguments across the board in rejecting the allegations former Sheriff Villanueva made in his lawsuit against the county,” he said in a statement. “Although he accused the county of putting him on the `Do Not Rehire’ list unfairly, the facts showed otherwise, and it was for these reasons the court dismissed the case.”

The complaint also names as defendants the county Board of Supervisors, the Sheriff’s Department, the Equity Oversight Panel, the Office of Inspector General, Huntsman and others.

Villanueva argues that the county’s actions were politically motivated and lacked transparency and due process.

Carney Shegerian, Villanueva’s attorney, said the lawsuit aims to have the “no rehire” notation removed from the former sheriff’s record and sought $25 million compensation for alleged damage to his reputation.

According to a Los Angeles Times story, Huntsman had accused Villanueva of “dog-whistling to the extremists he caters to” when he repeatedly referred to the inspector general by his foreign-sounding birth name, Max-Gustaf. Villanueva denies that his use of the name “Max-Gustaf” is discriminatory or harassing.

A few weeks later, Villanueva publicly accused Huntsman of being a Holocaust denier — purportedly without any evidence.

Around the same time, a justice deputy for county Supervisor Hilda Solis filed a complaint accusing Villanueva of targeting and harassing women of color. Last fall, the County Equity Oversight Panel sustained complaints in both cases and recommended Villanueva — who had been voted out of office by that point — be deemed ineligible for rehire.

In addition to losing his bid for re-election as sheriff, Villanueva lost the March 5 primary election against incumbent Fourth District county Supervisor Janice Hahn.