The Sheriff’s Office has been effectively dismissed from a civil suit over the actions of a now former jail deputy who groped a teenager in a Vista fast food restaurant while off duty, then accessed the investigative files dozens of times, downloading her photos and personal information.
In a court ruling earlier this month, a San Diego Superior Court judge ruled that the county was not liable for invasion of the victim’s privacy — a decision that removed the last remaining allegation the county faced in a suit brought by the teen and her family.
In a decision finalized Dec. 6, Judge Matthew Braner found that the former deputy’s action of accessing the file — as many as 44 times were alleged — during the groping investigation in 2018 “was not done within the scope of his employment.”
San Diego County — which was sued as the entity overseeing the Sheriff’s Office — sought summary judgment on the privacy claim, arguing it could not be held vicariously liable for “unlawful intrusion” of accessing the girl’s information because it was not done as a part of the deputy’s duties.
“The court agrees,” Braner wrote in his ruling. He also noted that the deputy’s actions had violated department policy.
The family’s attorney declined to comment on the ruling, as did county officials.
The civil suit remains in place for the former deputy, Timothy Wilson, who does not appear to have an attorney representing him. He could not be reached for comment. Wilson was a 10-year veteran of the department and worked at the Vista jail but was off-duty and not in uniform at the time of the groping incident.
The civil case has been in the works for years, moving between federal and state court. At points along the way, claims against the department — which once included negligent supervision and training — were dismissed by the courts.
Wilson was also charged in criminal court.
According to authorities, the teen was standing in line at a Panda Express restaurant near downtown Vista when a stranger grabbed her buttocks on March 21, 2018. She reported the incident to the Sheriff’s Office, which is contracted to handle policing in the city. It opened an investigation.
A few weeks later, San Diego County Crime Stoppers released security footage of the suspect. A co-worker recognized Wilson, and Wilson was arrested in May 2018. When he was arraigned in San Diego Superior Court, the prosecutor handling the case said Wilson had downloaded investigative photos of the girl as well as her home address to his personal cellphone. The photos were found on his home computer in a file called “White Pants,” which is what the girl was wearing when she was groped.
Wilson resigned from the department. He subsequently pleaded guilty to touching the girl and unlawfully taking computer data and was sentenced to a year in jail.
