A former deputy of the San Luis Obispo County Sheriff’s Office has been sentenced to serve seven months in federal prison following his guilty plea for the mistreatment of an inmate. Joshua Fischer, 42, faced charges for a 2018 incident where he abused his authority by forcefully dragging an inmate by her hair when she did not comply with his orders, according to a press release from the United States Attorney’s Office.
Following a heated exchange, Fischer grabbed the victim and proceeded to forcibly drag the individual onto the ground. Carrying out an act of excess force is deemed unnecessary and unreasonable by the court. His actions were brought to light during his trial, where he acknowledged the violation of the victim's rights under the color of law.
In a statement at the sentencing, United States District Judge André Birotte Jr. condemned Fischer's conduct toward the victim, stating, “Fischer’s actions toward the victim showed a “level of callousness” and “disdain” toward the victim and that his use of force was “unreasonable.”, reflecting the seriousness with which the court viewed the former deputy's misconduct.
As per the press release, Fischer had reached a plea agreement earlier on April 2, wherein he confessed to not only understanding the excessive nature of his actions but also to willingly contradict the rights afforded to the inmate. To further complicate matters, Fischer drafted a report following the incident and saved it with a title referencing the abuse, hinting at a clear awareness and disregard for the gravity of his actions.
The FBI, with assistance from the San Luis Obispo County Sheriff's Office, carried out the investigation that led to Fischer's arrest and subsequent sentencing. Before the indictment, Fischer had already been fired from his position at the sheriff's office. This case was prosecuted by Assistant United States Attorneys Thomas F. Rybarczyk and Frances S. Lewis of the Public Corruption and Civil Rights Section.
