A Los Angeles police officer who alleges a sergeant mocked her in the presence of other officers regarding her pregnancy won a round in court after a judge ruled she will review internal department records to see if they are relevant to the plaintiff's lawsuit.
On Tuesday, Los Angeles Superior Court Judge Kristin S. Escalante said she will peruse the documents in chambers on Nov. 21 and decide which, if any, should be turned over to Officer Serena Zavala's attorneys.
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The records Zavala's lawyers seek include those of a department investigation into the alleged inappropriate remarks made to the plaintiff.
"Good cause exists for the production of records because such records could relate to the failure to prevent discrimination, harassment and retaliation claims," the judge wrote.
In their court papers filed in opposition to Zavala's motion, lawyers for the City Attorney's Office maintained that the officer's attorneys were on a "fishing expedition."
Zavala, hired in 2016 and assigned to the 77th Street Station, was five months pregnant in November 2021 when she heard a sergeant mention her name with the use of an expletive, according to the suit.
The same sergeant asked two other officers in his presence whether Zavala was on "light duty" due to a urinary tract infection, according to the suit.
When one of the other officers responded that Zavala's light duty level was due to her being pregnant, the sergeant replied, "Oh well, when she comes back, I'll punch her in the gut a few times because she deserves it," the suit alleges.
"Plaintiff was shocked at these statements and viewed them in total to be a credible threat upon her person and her unborn child," according to the suit, which also states that Zavala believed the alleged remarks violated LAPD rules and the city's policy of not tolerating gender harassment or discrimination.
Zavala complained to management about the sergeant's alleged statements and an LAPD captain said he also considered the remarks to be "harassment" and a "serious criminal threat," the suit states.
Zavala's health and emotional state have been negatively impacted by the sergeant's alleged remarks and believes she was discriminated against and harassed because she was pregnant, the suit filed in July 2022 states.
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