A federal decide has thrown out an $85m lawsuit award over the loss of life of a southern California man who was crushed, hogtied and shocked with a stun gun by sheriff’s deputies in 2015.
US District Decide Marilyn Huff stated on Wednesday that the March award by a federal jury in a civil rights lawsuit introduced by the household of Fortunate Phounsy towards San Diego county couldn’t be supported by the trial proof, the San Diego Union-Tribune reported.
“The scale of the jury’s wrongful loss of life award is way out of proportion to the proof and signifies that the jury might have impermissibly included within the award some measure of plaintiffs’ emotional misery, or some quantity meant to punish defendants,” the decide wrote in a 75-page ruling.
On the time, it was the nation’s largest civil rights award for a custody loss of life.
In her ruling, Huff declined to order a brand new trial and upheld findings of extreme drive and negligence. Nevertheless, a brand new trial will nonetheless be wanted to resolve how a lot cash the county ought to pay.
The county declined to touch upon the choice, the Union-Tribune stated.
The case was tried twice in federal court docket. In September 2021, a jury deadlocked and couldn’t attain a verdict. At a second trial held in March, after solely a day of deliberation, the jury discovered the county liable and awarded Phounsy’s household $85m.
Phounsy, 32, died after a confrontation with almost a dozen San Diego county sheriff’s deputies, together with one who later served jail time for assaulting girls whereas on obligation.
Kin stated Phounsy was struggling a psychological well being disaster.
Phounsy was hogtied, shocked with a stun gun and restrained on the Santee dwelling of a relative on 13 April 2015. Phounsy’s coronary heart stopped on the best way to the hospital. He was resuscitated, however died a number of days later.
The county health worker concluded his loss of life was unintentional and the results of the lengthy wrestle with deputies, mixed with the results of the drug ecstasy he had taken a number of days earlier than.
However attorneys for the household disputed that conclusion and argued that the conduct of the deputies triggered him to suffocate.
They pointed to deputies’ binding Phounsy’s fingers and ankles in restraints, failing to observe his important indicators and persevering with to restrain him when one deputy forcibly held his head down whereas he was in an ambulance.
