Former San Luis Obispo County Sheriff’s Deputy Sentenced to Seven Months in Federal Prison for Abusing Jail Inmate While on Duty

LOS ANGELES – A former San Luis Obispo County sheriff’s deputy was sentenced today to seven months in federal prison for abusing a county jail inmate by dragging the victim by her hair on the ground from one cell by several feet and then throwing her into another jail cell.

Joshua Fischer, 42, of Grover Beach, was sentenced by United States District Judge André Birotte Jr.

At today’s hearing, Judge Birotte said Fischer’s actions toward the victim showed a “level of callousness” and “disdain” toward the victim and that his use of force was “unreasonable.” 

Fischer pleaded guilty on April 2 to one misdemeanor count of deprivation of rights under color of law. As part of his plea agreement, Fischer agreed to not seek future employment as a sworn law enforcement officer.

Fischer was a sworn law enforcement officer and San Luis Obispo County Sheriff’s Office senior correctional deputy assigned to work at the Intake Release Center in the city of San Luis Obispo between January 2017 and December 2018.

While on duty on November 18, 2018, Fischer instructed the victim, a jail inmate, to exit her cell, which she did. Fischer then directed her to enter an adjacent cell. After arguing with Fischer, the victim, who was shirtless, turned around, crossed her arms across her chest, and started to re-enter her original cell.

Fischer forcibly grabbed the victim by her hair and pulled her to the ground. He then dragged the victim across the floor by her hair several feet. Fischer then flung the victim, again by her hair, into an adjacent cell. After Fischer closed the cell door, the victim huddled in the corner of the cell.

Fischer then authored a report about the incident and saved it as “11-18-18 [victim’s last name] what a drag” on a San Luis Obispo County Sheriff’s Office computer.

In his plea agreement, Fischer admitted that he knew his use of force during the November 2018 incident was unreasonable and unnecessary. He also admitted that he acted willfully, intending to deprive the victim of her right to be free from the use of unreasonable and unnecessary force by a law enforcement officer.

Prior to the filing of charges in this case, the San Luis Obispo County Sheriff’s Office terminated Fischer’s employment.

The FBI investigated this matter with assistance from the San Luis Obispo County Sheriff’s Office.

Assistant United States Attorneys Thomas F. Rybarczyk and Frances S. Lewis of the Public Corruption and Civil Rights Section prosecuted this case.