Why San Diego County legal payouts have doubled since 2020

Why San Diego County legal payouts have doubled since 2020

San Diego County's $158M Legal Tab: How Taxpayers Foot the Bill for Misconduct Claims

Mounting settlements and judgments raise questions about litigation strategy and systemic reforms

San Diego County has paid out nearly $158 million in legal settlements and judgments since January 2020, with costs reaching $36 million last year alone—raising urgent questions about how local government can stem the tide of costly litigation that drains taxpayer resources.

The expenditures, driven primarily by lawsuits involving the Sheriff's Office, represent a significant burden on public coffers at a time when California municipalities face mounting legal pressures from expanded liability laws and increasingly sympathetic juries.

The Sheriff's Office Problem

The bulk of San Diego County's payouts—nearly $95 million, or 60% of the total—stem from one agency: the Sheriff's Office. Deaths and injuries in county jails alone have resulted in $59 million in settlements over the past five and a half years, with the county's most expensive single settlement being the $15 million paid to Elisa Serna's family after the 24-year-old pregnant woman died in a jail cell in 2019.

Beyond jail-related incidents, the county has paid approximately $36 million since 2020 to resolve allegations of misconduct and excessive force by sheriff's personnel, with those payouts peaking at $19 million in 2023. Sexual misconduct allegations against Sheriff's Office employees have cost taxpayers $13.5 million during this period.

Strategies to Reduce Legal Payouts

Legal experts and plaintiffs' attorneys who regularly face the county in court identify several approaches that could dramatically reduce these taxpayer-funded payouts:

Early Settlement Practices

Six plaintiffs' attorneys with experience suing San Diego County report that the county frequently rejects reasonable early settlement offers, choosing instead to fight cases that seem destined for eventual settlement anyway. "My head explodes at the way they litigate these cases," said civil rights attorney Brody McBride, who has represented plaintiffs in jail death lawsuits. "If you're suing an insurance company over a vehicle collision, it is all about money. They make very shrewd early decisions. The county is the opposite. It's like, 'Fight every case. Never give in.'"

Civil rights lawyer Danielle Pena noted that prolonged litigation in cases like Serna's—filed in 2020 but not settled until 2024—unnecessarily inflates costs for both sides. "Every case that I can think of, the county has highly litigated that case. They have not tried to reasonably settle those cases early before we incur costs, and before they incur costs", she said.

Adopting more strategic early settlement evaluations could save millions by avoiding extended litigation costs, expert witness fees, and the risk of higher jury awards.

Systemic Reforms in Jails

Pena believes the county has been reluctant to implement greater reforms in its jails, concerned that doing so might imply liability in other pending lawsuits. The county currently faces a long-running class-action case alleging systemic deficiencies in jail health care.

However, proactive reforms—including improved medical screening protocols, enhanced staff training on mental health crises, upgraded surveillance systems, and stronger accountability measures—could prevent the incidents that lead to costly litigation in the first place.

**Enhanced Accountability and Training

The pattern of excessive force and misconduct cases suggests the need for:

• Comprehensive use-of-force training with regular updates
• Robust internal affairs investigations with meaningful consequences
• Independent oversight mechanisms
• Body camera requirements with strict protocols
• Regular audits of arrest procedures and detention practices

Better Risk Management

Attorney Dan Gilleon, who represented victims of former deputy Richard Fischer in civil court, noted that taxpayers routinely cover substantial sunk costs beyond settlements, including fees for outside counsel and expert witnesses. In the Fischer litigation alone, the county spent $1.1 million paying an outside attorney to defend the deputy.

Implementing stronger screening procedures during hiring, improving supervision of personnel, and maintaining comprehensive liability insurance could mitigate future risks.

The Broader Context

San Diego County's rising legal costs reflect a statewide trend. From 2018 to 2023, California public agencies' taxpayer-funded settlements and judgments tripled, according to the California Association of Joint Powers Authorities. Assembly Bill 218, which expanded the statute of limitations for sexual abuse lawsuits, has contributed significantly to this increase.

County officials attribute rising costs to aggressive advertising by plaintiffs' lawyers, regulatory changes, and general distrust of government and large corporations. County spokesperson Tammy Glenn stated that the county is "committed to resolve claims and do what is right for anyone who has been harmed."

Glenn defended the county's litigation approach, noting that "public entities, like private parties, are entitled to a full and fair defense, and attorneys representing public entities are obligated, pursuant to the rules of professional conduct, to zealously advocate on behalf of their client while ensuring any resolution is appropriate and responsible for taxpayers".

The Cost to Public Services

While legal payouts remain a small fraction of the county's $8.6 billion annual budget, the tens of millions spent each year on settlements, judgments, and legal costs represent funds unavailable for libraries, parks, roads, social services, and public safety programs.

Because the county is mainly self-insured, it must pay the bulk of its legal payouts from its general fund, directly affecting services that San Diego County taxpayers fund.

The five members of the Board of Supervisors, who approve settlements in closed sessions, have remained largely silent on the issue. Supervisor Paloma Aguirre declined to comment, and the other four supervisors did not respond to media inquiries.

As legal pressures continue mounting across California, San Diego County faces a critical choice: continue its aggressive litigation strategy and accept rising costs, or pivot toward early settlements, systemic reforms, and proactive risk management that could save taxpayers millions while improving public safety and accountability.

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Sources

1. Robinson, Lucas. "San Diego County spent $36M on big legal payouts just last year. Here's what's costing taxpayers the most." The San Diego Union-Tribune, September 28, 2025. https://www.sandiegouniontribune.com (Original article provided)

Note: This analysis is based on the primary source document provided. Additional recent research, court filings, and official releases were not available for inclusion. A comprehensive investigation would benefit from access to: county budget documents, Board of Supervisors meeting minutes, specific court case filings, the ongoing class-action lawsuit details, California Association of Joint Powers Authorities' full report, Assembly Bill 218 legislative analysis, and statements from county officials and the Sheriff's Office.