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SAN DIEGO (KGTV) - Another woman has come forward with accusations of sexual misconduct against a former San Diego County Sheriff's deputy. Jane Doe, as she's named in a federal lawsuit, claims Richard Fischer sexually assaulted her in September of 2017. The woman claims she was driving home from her shift as a cocktail waitress, lost control of her vehicle, and crashed into two parked cars. Scared she'd been drinking and driving, she left the scene and called a male friend to drive her to her home in Escondido. According to the lawsuit, as she and the man approached her home, they saw Escondido police cars parked outside. Officers detained her, and she admitted that she'd crashed her car and had been drinking and driving. Police handcuffed the woman and told her she had to wait for San Diego County Sheriff's personnel to arrive. The lawsuit says the responding deputy was Richard Fischer. According to the lawsuit, "Defendant Fischer asked Jane Doe if she had been drinking. She admitted that she had. As he drove Jane Doe back to the accident scene, he asked Jane Doe if either of the two males in the car with her were her boyfriend. Jane Doe answered that they were not. Defendant Fischer then responded, "Good, because you could do much better than them" or words to that effect." The lawsuit says once at the accident scene, deputies questioned Doe about the crash. It says after about 20 minutes at the scene, Fischer asked her if she wanted a ride home. The lawsuit says, "Jane Doe was confused when Defendant Fischer offered her a ride home because she told the officers she had been drinking and driving, she crashed into two parked cars, fled the scene of the accident, did not have a valid driver's license, her friend that picked her up got arrested, and there was an outstanding warrant for her arrest. Jane Doe assumed she was going to jail." The woman says she accepted Fischer's offer for a ride home and got into the patrol car with her hands cuffed behind her back.As they drove to her home, Fischer asked her how old she was, according to the lawsuit. "Deputy Fischer asked if she had gotten a birthday kiss. Jane Doe responded, "What?" Then Deputy Fischer asked Jane Doe if she wanted a birthday kiss. Jane Doe did not respond. Jane Doe became more confused. Jane Doe thought to herself, "What the he** is going on?," the lawsuit stated. The lawsuit says once they got to her house, Fischer opened the rear door where she was sitting. It says, "He then said, "Here comes your favorite part," or words to that effect. He leaned across her to unbuckle her seatbelt. Deputy Fischer then started rubbing Jane Doe's legs as she sat handcuffed in the back of Deputy Fischer's patrol car. Jane Doe was wearing very short denim shorts. Therefore, Deputy Fischer was able to rub the skin of Jane Doe's upper thighs on both legs. As Deputy Fischer rubbed Jane Doe's thighs, he looked at her and said, "Your legs are really soft" or words to that effect. Jane Doe was still handcuffed and could not stop Deputy Fischer's advances." The lawsuit claims once out of the vehicle Fischer stood behind her and started "rubbing her butt". It says, "As the handcuffs were still on, Deputy Fischer then reached between Jane Doe's legs and rubbed her genital area." The woman then went into the house. The lawsuit claims by the time Fischer met the woman, he had "sexually assaulted approximately 19 other women while on duty as a San Diego sheriff deputy." The lawsuit challenges the County of San Diego's complaint process saying it allows very serious complaints to go unanswered, "because a proper system of complaint reporting would have resulted in an Internal Affairs investigation into the complaints, arguably as early as May 4, 2016. Deputy Fischer would have either been terminated then, or placed on administrative leave, as he is currently on, which would have saved Jane Doe and other situationally vulnerable women from his abuse of power as a San Diego sheriff deputy." Fischer is currently facing numerous criminal charges, including sexual battery, false imprisonment, forced oral copulation, and assault by a public officer. He has denied the allegations, telling 10News in September of 2018, "I just want to go on the record and say I vigorously deny these allegations. They are false, and I really look forward to my day in court to fight for myself." According to court records, Fischer's criminal trial is set for September. Attorneys for Fischer did not respond to a request for comment on this federal complaint. 4559

SAN DIEGO (KGTV) -- Caltrans is warning drivers about a series of overnight closures along Interstate 5 over the next two weeks.From Sunday, November 4 through Thursday, November 8, northbound I-5 will be closed between La Jolla Village Drive and Genesee Avenue between 10:30 p.m. to 5 a.m.Northbound I-5 will also be closed from Tuesday, November 13 through Thursday, November 15 in the same area from 10:30 p.m. to 5 a.m.CHECK TRAFFIC The agency is encouraging motorists to take an alternate route to avoid possible congestion.The section of the interstate will be closed so crews can remove the temporary wooden structures from the new Gilman Drive Bridge over I-5. About half the falsework has already been removed. 737

SAN DIEGO (KGTV) -- As drugmakers race to develop a vaccine against the coronavirus, several legal questions are emerging: could the government require people to get it? Could people who refuse to roll up their sleeves get banned from stores or lose their jobs?The short answer is yes, according to Dov Fox, a law professor and the director of the Center for Health Law Policy and Bioethics at the University of San Diego.“States can compel vaccinations in more or less intrusive ways,” he said in an interview. “They can limit access to schools or services or jobs if people don’t get vaccinated. They could force them to pay a fine or even lock them up in jail.”Fox noted authorities in the United States have never attempted to jail people for refusing to vaccinate, but other countries like France have adopted the aggressive tactic.The legal precedent dates back to 1905. In a landmark U.S. Supreme Court case, Jacobson v. Massachusetts, the court ruled Massachusetts had the authority to fine people who refused vaccinations for smallpox.That case formed the legal basis for vaccine requirements at schools, and has been upheld in subsequent decisions.“Courts have found that when medical necessity requires it, the public health outweighs the individual rights and liberties at stake,” Fox said.In 2019, New York City passed an ordinance that fined people who refused a measles vaccination.That said, recent protests over face coverings show there could be significant backlash to a vaccine mandate, Fox said. Just because states have the power to do it, doesn’t mean it’s the best public policy, he added.Although states would have the authority to mandate vaccinations, there’s more doubt about whether Congress could enact a federal requirement.The most likely federal vaccination requirement would come in the form of a tax penalty, but Fox said given the current composition of the Supreme Court, a federal vaccine requirement would likely be found unconstitutional.Opponents of a federal mandate would cite the Supreme Court’s 2012 decision on the Affordable Care Act, Fox said. In that case, the justices ruled that Congress could not use its powers to regulate interstate commerce to require people to buy health insurance, even though the ACA’s individual mandate was ultimately upheld on separate grounds.That means the U.S. could have a patchwork of different vaccine requirements in different states.States that explore a vaccine requirement should only do so if the vaccine is widely and readily available, Fox said.“Otherwise you create an underclass of people who are less safe and without access to the basic means of society,” he said.States would need to allow exemptions for people with legitimate medical risks, like pregnancy, but not exemptions on religious or philosophical grounds, he said.“Religious exemptions are not constitutionally required by the First Amendment’s Free Exercise clause, provided that the vaccine mandates don’t single out religion; they’re not motivated by a desire to interfere with it,” he said.In the workplace, private employers would have a lot of flexibility to require vaccinations and fire workers who refuse them for anything but legitimate medical concerns.As long as employers show there are significant costs associated with having unvaccinated workers, they would not need to offer religious exemptions to employees, Fox said.Under the 1964 Civil Rights Act, employers are not required to accommodate religious employees if doing so would pose more than a “de minimis,” or minimal cost. 3561

SAN DIEGO (KGTV) — Border water officials said Tuesday nearly 14.5 million gallons of sewage flowed into the U.S. from Tijuana after a body became trapped in a sewage system.The International Boundary Water Commission (USIBWC) said transboundary flows between about 9 p.m. on Saturday, Oct. 12, and 8 p.m. on Monday, Oct. 14, brought 14,497,873 gallons of treated and untreated wastewater from Tijuana into the Tijuana River Valley.Mexico's International Boundary Water Commission (CILA) informed their U.S. counterparts Sunday that a cleanup crew at a pump station discovered a body trapped inside one of the sewage intake screens, causing a backup and sewage to overflow.RELATED: San Diego leaders present plan to solve Mexican sewage problem"Police got involved and cordoned off the area preventing any activity in the crime area while the investigation continued. A body was trapped inside the intake screens. This caused trash to build up and plug the structure and overflow into the U.S.," the USIBWC's Dawi Dakhil said in an email.It wasn't immediately clear how the person became trapped in the system.The scene was cleared Monday and Mexico water officials rebuilt a temporary berm, or raised bank, to stop the overflow.The CILA pump station was operational as sewage flowed across the border, according to USIBWC.Last month, San Diego officials introduced a 4-million plan to the White House to address the flow of sewage from Mexico into the U.S. The centerpiece was a treatment facility that could process 163 million gallons of runoff per day, with the aim of reducing border sewage flow days from 138 to 12.Officials were reportedly looking into various sources to fund the project, which would likely require help from Congressional leaders.Days after the plan was presented, a broken water line in Tijuana sent a mix of potable water and untreated sewage across the border into the U.S. 1913

SAN DIEGO (KGTV) — Days before the sale of a Del Cerro home was scheduled to close, thieves went on a shopping spree inside the house.In the 5600 block of Genoa Drive, neighbors were jolted by something unexpected."It's shocking because things like that don't happen in our neighborhood," said Diane Cozey.On Wednesday morning, at a three-bedroom, three-bath home that was well into escrow, a disturbing discovery was made by the staging company arriving to collect their inventory. The front door had been left ajar. "Just dismayed that someone could do something like this," said homeowner Randy Arciniega.Arciniega says his home was raided. The furniture, installed lighting, and rugs remained, but just about everything else was gone: towels, pillows, blankets, artwork, lamps, plants and other decor. Also missing was the refrigerator."The only thing that bothered me more is so much destruction happened," said Arciniega.Arcieniega says his beautiful floors were carved up as the burglars dragged the fridge out of the home. The total loss? About ,500.He tells 10News the lockbox was attached to some PVC piping, which was found damaged. The thieves apparently yanked it off the lockbox and somehow got inside it to use the key. Arcieniega says the biggest mistake he made was shutting down the alarm, because so many people were going in and out of the home. He believes the thieves were likely headed back for the rest of the inventory. The washer had been moved from the laundry room to the garage.The break-in happened sometimes between Saturday afternoon and Wednesday morning. Arciniega covered the costs of the refrigerator and floor damage. The sale of the home is expected to close Monday. 1716