State prison officials want a lawsuit brought by a female prison guard who alleges supervisors at the California City facility did not do enough to protect her from sexual harassment by a male supervisor to be transferred from Los Angeles County to Kern County.
Plaintiff Irene Medina's lawsuit allegations include retaliation, gender violence, civil rights violations and harassment. In court papers filed Tuesday with Judge Wendy Chang, the Attorney General's Office alleges Medina's lawyers are using "creative legal construction" to try and keep the case in Los Angeles County. California City is located in Kern County.
According to the Attorney General's Office, Medina's complaint "makes a speculative allegation regarding the location where her employment records are maintained and administered, asserting that it is in Sacramento."
Medina's lawyers then cite a statute that permits actions against the state which may be brought in Sacramento to be filed instead in any county where the Attorney General's Office has a facility, including Los Angeles County, according to the Attorney General's Office's pleadings.
However, actions alleging "injury" to a plaintiff that are brought against the state must be heard in the county where that injury is alleged to have occurred, according to the Attorney General's Office's court papers, which further state that of the Medina employment records her attorneys maintain are maintained in Sacramento are actually kept at a local level.
A hearing on the Attorney General's Office's transfer motion is scheduled April 23.
Medina was hired in February 2020 at the California City Correctional Facility, where the late Sgt. Marco Soberanes was her supervisor, the suit states. The Soberanes estate is a co-defendant in the suit.
The suit claims that from November 2022 to January 2023, Soberanes sexually harassed and assaulted Medina. In one instance, Medina was working as a front entrance officer when Sobaranes allegedly took photos of her without her permission and texted them to her.
During the same time period, Soberanes at times put his hands on Medina's shoulders and slapped her inappropriately, the suit alleges. Medina complained to another sergeant and less than a week later a tearful Soberanes asked her to forgive him, the suit states.
"I never meant to cause you any type of harm or stress," Soberanes said, according to the suit, which further states that he also told the plaintiff, "I didn't know I had touched you in such a way, I thought I had touched your waist. I have special feelings for you because you are a great woman and I admire you."
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But Soberanes' comments actually were insincere and manipulative and he intended to intensify his coercion of her and avoid accountability for his alleged actions, the suit states filed Oct. 23 states.
In January 2023, Medina was again working at the facility's front entrance when Soberanes hugged Medina and kissed her on the left cheek and made an inappropriate and lewd comment in Spanish, leaving Medina with feelings of sadness, guilt and humiliation as well as worried for her safety, according to the suit.
Medina filed written complaints against Soberanes, who she believes had a pattern of harassing and assaulting women that was overlooked by other supervisors, the suit states.
Medina used all her sick leave in order to get therapy and the CDCR has not worked with her to accommodate her as she deals with her "fragile" mental health, the suit states.
Soberanes retired last March 31 and the former Apple Valley resident died on April 8 at age 55. He had worked since March 2014 at the California City facility and had 23 years total service with the CDCR.
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