In 2014, plaintiff Louise LaFoy, an administrative secretary in her 40s, was allegedly touched inappropriately by Assistant Sheriff Richard Miller while at work for the county of San Diego’s Sheriff’s Department. LaFoy sued Miller and Miller’s employer, the county of San Diego. LaFoy alleged that Miller’s actions constituted sexual harassment and that the county failed to prevent the harassment under the Fair Employment and Housing Act. LaFoy claimed that she was delivering confidential documents at the sheriff’s headquarters when Miller improperly touched her buttocks while hugging her. No one else was present during the alleged incident. LaFoy claimed that she reported the incident to a commander, but that nothing was done about it. LaFoy claimed that as a result, she took affirmative steps to avoid being alone with Miller whenever she had to go to headquarters, including taking alternate routes and having a co-worker accompany her. However, she claimed that she was in her office when Miller again touched her buttocks while hugging her in 2017. LaFoy’s co-worker was in the office at the time of the alleged incident, but she was in her own cubicle and had her back to LaFoy and Miller. LaFoy claimed that she reported the second incident as well as the 2014 incident to the county’s Internal Affairs Division and that the five-month-long investigation revealed that there were two other female employees who had reported that Miller had given them inappropriate hugs. Plaintiff’s counsel contended that during the investigation, the sheriff’s department issued Miller a "no hug" order. Counsel also contended that Internal Affairs eventually found that Miller engaged in "conduct unbecoming" based on his frequent hugging of female employees, among other things, but that it could not substantiate a finding of sexual harassment. Plaintiff’s counsel noted that Miller retired days before the investigation closed and, therefore, was never disciplined. Miller denied there was any inappropriate touching. Defense counsel contended that the 2017 hug was captured on a surveillance camera and that the hug lasted less than two seconds. Counsel also contended that the alleged conduct was not severe or pervasive., LaFoy claimed that she suffers from emotional distress as a result of Miller’s conduct. After the 2017 incident, LaFoy utilized the county’s employee assistance program for counseling. She also took some time off from working and saw a psychiatrist. However, LaFoy claimed that she continues to suffer from nightmares, stress, anxiety and humiliation and that she has an increased startled response when people approach her. The plaintiff’s psychiatry expert opined that LaFoy would need continuing psychiatric treatment based on LaFoy’s continuing emotional distress. LaFoy sought recovery of damages for her past and future emotional pain and suffering. Defense counsel cross-examined the plaintiff’s psychiatry expert, and asserted that LaFoy did not suffer any emotional distress. Counsel also asserted that even if LaFoy did have emotional distress, it was not severe.