On Nov. 17, 2016, the plaintiff, a female, was at her home in San Marcos when sheriff’s deputies responded to a 9-1-1 call regarding an alleged altercation with the woman’s fiancé. Deputy Richard Fischer and the other deputy asked the woman’s fiancé to leave the home and then advised the woman to stay with family or friends rather than remain alone. The woman claimed that 10 to 15 minutes after the deputies left, Fischer returned by himself and entered her unlocked residence. She claimed that Fisher told her that he came back to check on her, but that Fischer began to touch her without consent and then restrained her from leaving. The woman sued Fischer and Fischer’s employer, the county of San Diego. She alleged that Fischer’s actions constituted sexual assault, battery, and intentional infliction of emotional distress and that the county was liable for Fischer’s actions. The plaintiff claimed that when Fischer returned to her home, he embraced her in a tight, sexual hug and that while Fischer was restraining her, he began to massage her shoulders, back and the sides of her buttocks with both hands. She claimed she attempted to pull back, but Fischer pulled her closer and began to open-mouth kiss her. The plaintiff claimed that Fischer continued to restrain her with a forceful grip while kissing her by keeping one hand on her neck as he moved his other hand from her back to her shoulder, and then to the rib cage and the side of her breast. She alleged that she attempted to distract Fischer by asking him if he wanted to move, which caused him to stop abruptly and say he had to leave. The plaintiff claimed that she tried to determine the deputy’s identity, but that Fischer only responded that he would be patrolling the area and that he got off duty in a couple of hours. Fischer denied, and continues to deny, the plaintiff’s allegations of wrongful conduct., The plaintiff claimed that Fischer sexually assaulted her. She alleged that as a result, she began to experience anxiety attacks, insomnia and depression. The plaintiff began seeing a psychologist, who diagnosed her with adjustment disorder with mixed anxiety and depressed mood. The plaintiff sought recovery of damages for her emotional pain and suffering.