Former No. 2 Man in D.A.’s Office Files Job Claim

The former second-in-command at the district attorney’s office has filed a claim against the county, alleging that he was demoted as retaliation after his wife refused to drop her sexual discrimination suit against the office.

Devallis Rutledge alleges that he was “pressured” by Dist. Atty. Tony Rackauckas to have his wife dismiss her lawsuit, according to the administrative claim filed earlier this month. Such claims are often preludes to legal action. The county has 45 days to respond.

Victoria Chen, a fellow prosecutor and Rutledge’s wife, lost a gender and race discrimination lawsuit in February. Rutledge, who had been temporarily stripped of his managerial duties while the trial was pending, was demoted to senior trial attorney following the verdict. A week later, he resigned.

Rackauckas on Thursday declined to comment about the claim, but his spokeswoman Tori Richards issued a statement.

“There was no retaliation against Mr. Rutledge,” she said. “We exercised the at-will employment agreement he signed because it became impractical for him to continue in his supervisorial role.” Managers in the district attorney’s office serve at their boss’ will, meaning they can be demoted “for any reason,” Richards said.

Chen’s suit was filed in 1998 during the administration of previous district attorney Mike Capizzi, but did not go to trial until this year. Chen, 36, alleged she was passed over for promotions because of her gender and because she is Asian American. She also alleged that critics of her husband retaliated against her. She is appealing the case.

Rutledge’s claim alleges that he was punished for supporting his wife’s legal action. He seeks unspecified damages for lost earnings, stress-related medical expenses and attorney fees.

Rutledge, 56, a nationally respected expert in Miranda rights, joined the Orange County district attorney’s office in 1976.