ValleyCare nurse suing sheriff's department after attack

Lawsuit claims deputies should have protected her from the patient they brought to the hospital

A Stanford Health Care-ValleyCare nurse is suing the Alameda County Sheriff's Office, alleging deputies should have been guarding a man they brought to the hospital who tried to sexually assaulted her.

A complaint that moved to federal court Sept. 8 demands a jury trial for unspecified damages relating to the alleged assault against the nurse, whom the Pleasanton Weekly is not naming because of the sexual nature of the crime. She still works at the Pleasanton hospital.

Elias Michael Diamond, a 46-year-old Oakland resident, arrested on Aug. 29, 2014, for masturbating in a public park in San Leandro. Diamond was only wearing a bikini top and bottom when police arrested him. He was booked into Santa Rita Jail.

According to the lawsuit, on the night of Sept. 7, 2014 or the morning of Sept. 8, 2014, sheriff's office deputies brought Diamond to the hospital -- then known as ValleyCare Medical Center -- in Pleasanton for unspecified medical treatment.

At some point while in the hospital, Diamond was released from the custody of the sheriff's office, but medical staff weren't warned about Diamond's mental state, the suit states.

The nurse found Diamond wandering around in the hallway, disoriented and half-dressed. She led him back to his room, and when they were inside, he strangled her and tried to force her to give him oral sex, according to the lawsuit.

She screamed and fought Diamond, and he injured her and at least one other person in the scuffle, court records indicated.

Hospital staff called Pleasanton police, who arrested Diamond and took him to Santa Rita Jail.

"The sheriff's officers are not doing their job if they are bringing such people to get medical care and not notifying staff that such people need additional precautions," said Nathaniel Leeds, an attorney for the ValleyCare nurse.

The County Counsel's Office and sheriff's office spokesmen didn't respond to a request for comment.

Diamond is being held without bail at the Napa State Hospital while his criminal case progresses, court records indicate.

Leeds filed the suit in Alameda County court in July, and county lawyers moved to have it transferred to federal court last week.

Stanford Health Care acquired the ValleyCare earlier this year and renamed the facility Stanford Health Care-ValleyCare

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