A jury determined the San Diego County Sheriff's Department was responsible for Lucky Phounsy's death and awarded the family a record $85 million.
San Diego County is seeking to overturn a record $85-million jury award in a federal civil rights case involving a man who died in 2015 after a confrontation with sheriff’s deputies.
Phounsy, 32, died after being hogtied, Tasered and restrained by San Diego County sheriff’s deputies at the Santee home of a relative on April 13, 2015. The county medical examiner concluded his death was the result of the long struggle with deputies, combined with the effects of the drug ecstasy he had taken several days before.
Years earlier, at the inception of the case, defense lawyers had asked for all information relating to training on maximum restraints usage. But just before the second trial began they were told by another lawyer in an unrelated case that the training tape existed. In motions for a new trial, lawyers for the county said those instructions prejudiced their case. They argued that when Huff told jurors four times about the violations it was excessive and tilted the case against the county.
In federal courts judges have the authority to lower the amount of damages given to a plaintiff by a jury, known as remittitur. The plaintiff side can accept the lowered amount, or opt for a new trial on damages.
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