Suit Says D.A. Illegally Ousted Election Foe

A $20-million lawsuit has been filed against Orange County Dist. Atty. Michael R. Capizzi, charging him with unlawfully denying a former deputy district attorney a promotion and forcing his ouster.

“He did these things because he had a political vendetta against me because I challenged him for the district attorney’s job,” said Thomas Avdeef, who filed the lawsuit against Capizzi in federal court Wednesday.

The two attorneys ran against each other in an often bitter campaign for district attorney last November.

“It sounds like it’s an ill-conceived lawsuit and a further manifestation of poor judgment,” Capizzi said Thursday. “He voluntarily resigned. . . . Sounds like he’s trying to get some free publicity for his new practice.”

After the election, which Capizzi won, Avdeef said he was wrongfully bypassed for a promotion he deserved in the district attorney’s office. As a result, Avdeef resigned from the office in March after working there for 21 years. He is now in private practice.

“It was all politically motivated,” Avdeef said. “I was dead in the water after the election.”

In the lawsuit, Avdeef claims that Capizzi wrongfully forced his termination as a prosecutor for the district attorney’s office. Avdeef also stated that his First Amendment rights of free speech were “violated” by Capizzi, who allegedly punished Avdeef for things he said during the campaign.