JURY AWARD TOSSED FOR IN-CUSTODY DEATH

By Bob Walsh

 

                                                   Unlucky Lucky Phounsy 

 

A federal judge has ashcanned an $85 million wrongful death award against San Diego County related to the in-custody death of Lucky Phounsey, 32.  It was at the time (2015) the largest civil judgement for an in-custody death.

A new trial was NOT ordered.  However the judge did say  the judgement was "not supported by the trial evidence."  

Phounsey died after a confrontation with about a dozen deputies.  He was hogtied at the time and had been nailed with a "stun gun."  The incident occurred at a private home where the deputies responded to a call for service / mental health crisis.  He died in route to the hospital but was recuscitated.  He died for sure several days later.

One of the deputies involved in the incident was later jailed for an on-duty assault of a female.