Deputy files lawsuit against Sacramento County Sheriff for discrimination
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- Deputy Johnny Her alleges years of harassment, abuse and retaliation at work.
- Lawsuit claims Her faced hostile posts, denied accommodations and PTSD diagnosis.
- Her remains employed but unassigned, seeking damages and a jury trial in 2025.
A Sacramento County Sheriff’s Office deputy has alleged he faced discrimination for his disability and was forced to either retire or resign, according to a civil lawsuit filed in Sacramento County Superior Court.
The lawsuit, filed by Deputy Johnny Her last month, alleges he faced retaliation and abuse from his supervisors. A history of email exchanges between Her and Sacramento County Sheriff’s Office staff is included in the complaint.
The 230-page lawsuit alleges incidents of abuse, emotional distress, and a failure to provide accommodations to Her. From 2016 to 2025, Her was subjected to harassment and “serious psychiatric injuries” from his supervisors, the lawsuit states. The lawsuit alleges that the treatment worsened over time and was “compounded by racial stereotyping, derogatory comments, and systemic marginalization of Hmong American deputies.”
Her, who is still employed with the Sheriff’s Office, per his attorneys, declined to comment. The lawsuit states that Her is “without assignment, access or accommodation” and is constructively discharged.
Sgt. Amar Gandhi, a spokesperson for the Sacramento County Sheriff’s Office, declined to comment, saying the agency does not “comment on pending litigation.”
The lawsuit stated that Her was given “hostile assignments,” refused career advancements and was surrounded by a discriminatory environment from his supervisors and coworkers. The lawsuit alleges that this behavior began in May 2016, eight years after he began working for the department.
The lawsuit alleges that when he expressed concerns to his supervisor and upper management in 2016, he faced “retaliatory reassignment to remote or unfavorable posts.” He was reassigned to different stations and less favorable, higher workload shifts, the lawsuit states. The lawsuit alleges this was a tactic used to “isolate and retaliate” against him.
“When (Her) requested the reason that he was moved to the less favorable work station, his supervisor stated, ‘since you were the one who complained, you got moved. It’s common practice that anyone who complains gets moved,’” the lawsuit stated.
Later that year, Her filed a complaint with Internal Affairs against his supervisors and coworkers for “retaliatory reassignment to remote or unfavorable posts,” the lawsuit stated.
As a result of the alleged abuse, the lawsuit said his health deteriorated to the point where he sought medical attention and workers’ compensation. He faced anxiety, insomnia and panic attacks, and was later diagnosed with post-traumatic stress disorder, major depressive disorder and panic disorder in 2023.
Despite his condition, the lawsuit alleges that the Sheriff’s Office did not reassign Her and disarmed him “without due process.” Beginning in 2023, the lawsuit stated that he made “repeated efforts” through the Americans with Disabilities Act process, submitting multiple requests for accommodations.
“(Her’s) actions were not job-related or consistent with business necessity, nor were they based on any legitimate non-discriminatory reason,” the lawsuit alleges. “Instead, they were pretextual efforts to force (Her) out of employment while shielding the Department from liability and pension obligations.”
For example, on or around July 2023, Her alleges he was pulled into a disciplinary meeting where he was recommended an 80-hour unpaid suspension. This proposal was later up for appeal and Her requested a pre-disciplinary hearing.
The lawsuit stated the Sacramento County Sheriff’s Office “delayed, ignored or rejected” Her’s requests. In late 2024, the lawsuit wrote that Sacramento County offered a Transfer Accommodation Process, which would require Her to re-enter the “workforce without accommodations guarantees.”
In March 2025, the Sacramento County Sheriff’s Office submitted a 250-page letter to Her, alleging that he must “choose between resignation or retirement.” In an email to Her from Antoinette Cruz, the human resources manager of Sacramento County Sheriff’s Office, stated that the information he provided was not sufficient to follow through with the ADA process.
“If Deputy Her elects not to participate to in the TAP process, and since he is not able to return to the Sacramento County Sheriff’s Office, his only option would be resign or pursue retirement or disability retirement, which he will need to inquire with the Retirement Officer,” Cruz wrote. “If a response is not received by Tuesday, March 4, 2025, we will proceed with next steps.”
Her withdrew from the ADA process the following month and submitted a cease-and-desist demand. He was later constructively discharged.
“(Her) has not voluntarily retired, never submitted a resignation letter, and never voluntarily withdrew from ADA accommodations,” the lawsuit alleges. “(Her) remains in limbo as a disabled employee with no lawful options presented.”
The actions of the Sheriff’s Office have caused psychological injury, loss of income and benefits, emotional distress, damage to Her’s reputation and compensable losses, the lawsuit states.
Her and his attorney are currently demanding a jury trial and are in litigation.
