On Sept. 7, 2017, the plaintiff, a woman, left the scene of an automobile accident. Escondido police picked her up and brought her back to the scene of the accident, where she admitted to driving while under the influence of alcohol. A San Diego County sheriff’s deputy, Richard Fischer, then put then woman in the back of his police cruiser and drove her home. However, the woman claimed that when they arrived at her home, Fischer began making inappropriate comments before touching her without her consent while she was restrained. The woman sued Fischer and Fischer’s employer, the county of San Diego. She alleged that Fischer’s actions constituted sexual assault. The plaintiff claimed that when they arrived at her home, Fischer opened the back of his police cruiser and asked if she wanted a “birthday kiss.” She also claimed that Fischer rubbed her legs as he reached over to unbuckle her seat belt, commenting on her legs in the process, and that when she exited the car, Fischer groped her buttocks and grabbed her between her legs. The plaintiff claimed that after Fischer touched her inappropriately, he asked if anyone else was home and that in response, she ran inside. Fischer denied the allegations, and admitted no responsibility for the claims of sexual assault. Fischer’s counsel contended that the plaintiff made substantial changes and additions to her allegations weeks after she was interviewed by law enforcement and that during the plaintiff’s first telephone report of the incident, the plaintiff alleged that the events occurred in a completely different location. In addition, counsel contended that the plaintiff did not report the alleged incident for over 10 months and that the plaintiff only reported the alleged encounter after there was news of settlements in other cases against Fischer., The plaintiff claimed that Fischer sexually assaulted her and that she was in fear that Fischer would return to do it again. She alleged that as a result, she suffered emotional distress. The plaintiff sought recovery of damages for her emotional pain and suffering.