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Background Investigator Claims Retaliation In Lawsuit Against Sheriff's Department

LOS ANGELES (CBSLA.com) — A Sheriff's Department background investigator is suing the agency, alleging he was retaliated against and forced to go on medical leave for refusing to falsify documents and to campaign for Gardena Mayor Paul Tanaka's unsuccessful bid to become sheriff.

Ban Nguyen filed the lawsuit in Los Angeles Superior Court Friday, alleging violations of his civil rights and the state Labor Code. The suit also names Tanaka, as well as two LASD captains and two sergeants.

He seeks unspecified damages.

According to the lawsuit, Nguyen began working with the department in June 1996 and was a background investigator for the personnel bureau when he went on leave last September.

Nguyen claims that at the end of 2012, he was approached several times by a sergeant to falsify documents for specified applicants so that they could pass the background process and be hired. He refused and the candidates' paperwork was given to other investigators, according to the suit.

The lawsuit states Nguyen complained to a lieutenant about the sergeant's order, but nothing was done.

Later, a captain asked Nguyen to campaign on behalf of Tanaka, a former LASD undersheriff, the suit states. Nguyen said he was "not interested" and was subsequently demoted to a position doing background checks for prospective civilian members of the department, according to the lawsuit.

Two sergeants also gave Nguyen an excessively large caseload and subjected him to unwarranted criticism of his work, according to the lawsuit, and a captain increased the retaliation after Nguyen complained to then-Sheriff Lee Baca, according to the lawsuit.

"He was not allowed to go beyond the chain of command again with his complaint and she refused to transfer plaintiff out of the hostile workplace," the suit states.

Nguyen also was required to work as a bailiff at various locations six times a month and was given projects that interfered with his ability to do any "meaningful work," according to the lawsuit.

Nguyen found out that he was being internally investigated last year, which he considered more harassment and retaliation, the suit states. He went on medical leave in September because he could no longer tolerate the stress, according to the lawsuit.

Long Beach police Chief Jim McDonnell defeated the 56-year-old Tanaka in November in a runoff election for sheriff.

(©2015 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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