LUCERNE – The county has appealed a September court ruling awarding $1.7 million to a Lucerne woman who alleged she was discriminated against because of a physical disability.

Sharon Leuzinger, 56, won the case against the county following a six-day jury trial in federal court, as Lake County News previously reported.

Leuzinger, who worked for 16 years as a correctional officer at Juvenile Hall, was noticed in 2004 that she would not be allowed to return to her job because of a 1998 wrist injury she had suffered while on the job. She received the notice while on leave for breast cancer treatment.

Mark A. Jones of the Sacramento firm Jones and Dyer, who represented the county in the suit, said he filed two motions – one for a new trial and a second for a “judgment as a matter of law,” he said.

“We're asking that the judge basically set aside the jury verdict and enter judgment in favor of lake County,” said Jones.

Both of those motions are set to be heard Feb. 5, 2008, Jones said.

It's the county's stance, said Jones, that there was an insufficient evidentiary basis for the verdict.

Jones explained in a previous interview that the court found the county had failed to accommodate Leuzinger in doing her job. He said it was the county's stance that Leuzinger could not perform the essential functions of her position – including restraining juveniles – because of her wrist injury.

Leuzinger must file her opposition to the motions by Dec. 17, Jones added.

Also set for a hearing next year is the matter of payment for Leuzinger's attorneys, including Susan Sher of Ukiah. That hearing, said Jones, is scheduled for Feb. 12, 2008.

Sher, however, believes a decision on the fees will be rendered sooner than the February date by Judge Sandra Brown Armstrong.

Along with Sher, three other attorneys worked on Leuzinger's case. Those four attorneys are seeking a total of $845,000, Sher said.

A fifth attorney is now representing all of them in filing the post-trial motions, Sher explained.

Sher said she has worked 700 hours on the case, so far without pay, and passed by other jobs to continue her effort on Leuzinger's behalf.

“I wouldn't have given up three years of my life if I didn't believe in this case,” Sher said.

She added the case was “tragically unnecessary.”

The $1.7 million will accrue interest and, if it isn't overturned, will end up costing the county more, Sher said.

“We're hoping they'll come to their senses,” Sher added.

Jones, however, said the county plans to keep up the fight.

“If we don't prevail we plan to appeal,” Jones said.

With the appeal process a slow one, Jones added, “It's going to go on for a while, I suppose.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..

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