A longtime attorney for the city of Los Angeles accused the city attorney. Hydee Feldstein Soto, photographed in 2022, of legal and ethical violations.
(Genaro Molina / Los Angeles Times)
A veteran city attorney filed a legal claim Thursday accusing her boss, the Los Angeles city attorney. Hydee Feldstein Soto, of retaliating against her for reporting on “legal and ethical violations.”
Michelle McGinnis, who until April was head of the criminal branch of the city attorney's office, alleged in the lawsuit that Feldstein Soto based some decisions about who should be prosecuted on “personal relationships” or “perceived political benefit.”
At one point, Feldstein Soto told McGinnis that he wanted the office to stop prosecuting the accused companies, according to the lawsuit. In another, Feldstein Soto singled out a protester for prosecution without following proper police procedures, according to the complaint.
“When McGinnis objected that the office was legally and ethically prohibited from making such processing decisions, she was subjected to a series of adverse employment actions and ultimately placed on administrative leave, expelled from the office, and prohibited from having further contact with office colleagues.” and employees,” attorney Matthew McNicholas, whose firm represents McGinnis, wrote in the complaint.
McNicholas said in a statement that McGinnis was also subjected to a “barrage of retaliatory actions” after she reported several other problems within the office, including mishandling of grant funds, discriminatory treatment of colleagues and “inappropriate alcohol consumption” in the workplace by Feldstein Soto and Denise Mills, the city's chief deputy prosecutor.
On April 22, McGinnis was escorted out of the building in front of her colleagues, forced to hand over her laptop and placed on administrative leave, according to the claim.
McGinnis, first hired by the city in 1993, is seeking at least $1 million from the city, alleging she suffered economic and non-economic damages, as well as damage to her reputation.
Ivor Pine, a spokesman for Feldstein Soto, said in an email that the city attorney's office does not comment on pending litigation, “consistent with established practice” of the office. “We also do not comment on personnel matters, internal investigations or potential disciplinary proceedings,” he said.
“We have not reviewed the claims against this office, but the allegations you describe below… are false,” Pine added.
The claim could pose a serious political threat to Feldstein Soto, who was elected in 2022 and is not yet halfway through her first four-year term. She has already faced criticism over her decision to sue a journalist who obtained records from Los Angeles police officers and her push for legislation that would weaken the state's public records law.
The city attorney's office has a dual role: it represents the city in a wide range of legal matters while also prosecuting minor crimes.
In his lawsuit, McGinnis said he repeatedly heard Feldstein Soto express his desire to stop prosecuting corporate defendants, saying on several occasions that “a single misdemeanor” was the downfall of accounting firm Arthur Andersen. McGinnis said he responded by providing a memo to Feldstein Soto explaining the “appropriate” legal basis for charging the defendant companies, to ensure the city complied with the law.
In another incident, according to the lawsuit, Feldstein Soto ordered McGinnis to prosecute a person Feldstein Soto believed he saw in a video of a protest late last year outside the Westside home of “an Israeli lobbyist.” The claim did not identify the lobbyist or the person at the protest.
McGinnis said he responded by telling Feldstein Soto that authorities should investigate first and warned that taking immediate action would “compromise any final prosecution,” according to the claim.
Feldstein Soto also made statements indicating that certain cases should not be prosecuted because “they would negatively affect [her] political career,” the claim alleges.
McGinnis is one of several employees in Feldstein Soto's office who have filed complaints alleging they faced retaliation for reporting misconduct.
In January, Deputy City Atty. David Bozanich filed a lawsuit seeking $1 million in damages, saying his superiors retaliated against him after he reported that the office was violate federal policies on the storage of digital evidence. Bozanich said he was punished for engaging in “protected whistleblowing activity.”
In February, the city prosecutor's office denied Bozanich's claim. He still has several weeks to file a response.
In April, another employee in Feldstein Soto's office filed a lawsuit, alleging he was retaliated against for identifying what he claimed were acts of racial discrimination. Sean C. Tyler, administrative coordinator, accused the office of “unequal treatment of people” in hiring and promotions.
Tyler, who also described himself as a whistleblower, is seeking $10 million. He said in his claim that he was hired to work in the office data center on January 25, only to have the job offer rescinded approximately two weeks later, after he had already accepted the position and had started working.
In his filing, Tyler said he also expressed concern that Feldstein Soto's office was not complying with laws regulating access to sensitive law enforcement information.
Tyler, who still works in the city attorney's office, confirmed to The Times that he had filed a claim. He declined to comment further.
Of the three claims, McGinnis' filing is by far the most detailed. His lawyers said that in February he emailed Feldstein Soto a draft memo on “Conflicts of Interest and Ethical Considerations,” which was intended to ensure compliance with ethical standards.
Feldstein Soto initiated a meeting with McGinnis a few days later, according to the claim. During that meeting, Feldstein Soto began “slamming the desk in anger,” yelling, and “making statements to the effect of 'how dare you accuse me,'” the lawsuit said.
McGinnis was criticized by her superiors in front of her colleagues, accused of being incompetent and subjected to increased scrutiny, according to the claim.
McGinnis also alleged that on one occasion, Feldstein Soto ordered him to “dismiss a corporate officer from a criminal case.” In the complaint, McGinnis did not name the corporate officer, but said he believed Feldstein Soto gave the instruction because he had an existing relationship with the officer or the corporation.
