In recent news, a California jury found that the San Diego County sheriff's deputies used excessive force in a 2015 incident.

The Case: K.J.P., a minor, and K.P.P., a minor, individually, by, and through their mother, LOAN THI MINH NGUYEN, who also sues individually and as successor in interest to her now deceased husband, Lucky Phounsy v. County of San Diego and Richard Fischer

The Court: U.S. District Court of Southern District of California

The Case No.: 15-cv-2692-H-MDD

The Plaintiff: K.J.P. and K.P.P. by and through Loan Thi Minh Nguyen v. County of San Diego and Richard Fischer

The plaintiff in the case is the family of Lucky Phounsy, a 32-year-old Santee, California resident who died after an April 13, 2015 encounter with the San Deigo Sheriff's Department and local deputies. Lucky's family claims he died because he was tased, beaten, and hogtied during the encounter. Amid a mental crisis during his son's 2nd birthday party, Phounsy called 911 to report unknown assailants were trying to harm him. The complaint argues that the Sheriff's deputies who responded to the call were confrontational, aggressive, and profane. When the deputies attempted to handcuff Phounsy, his family claims Phounsy became frightened and confused. Court documents also indicate that a taser was used on Phounsy. The situation escalated to an altercation leaving Phounsy hogtied. Phounsy was then strapped to a gurney tightly and placed into an ambulance while still hogtied. Former Sheriff's Deputy Richard Fischer rode with Phounsy to the hospital. During the drive, Fischer put a spit-sock over Phounsy's face and pushed down on his head and torso with all his strength until Phounsy went into cardiac arrest. The application of the split-sock prevented paramedics from giving Phounsy oxygen or monitoring his condition. Phounsy went into a coma before reaching the hospital, and after being treated in the local hospital for a few days, he died. The family filed a wrongful death lawsuit against the Sheriff's Department. The first trial in 2021 ended with a hung jury.

The Defendant: K.J.P. and K.P.P. by and through Loan Thi Minh Nguyen v. County of San Diego and Richard Fischer

Lucky's family filed a negligence and wrongful death lawsuit against the county and sheriffs. According to court documents, the two responding deputies called for backup units "while they were being assaulted and injured by Phounsy." According to the summary, the two deputies were both injured in the altercation (one of them severely). After the incident, the Sheriff's Department cleared the deputies involved of any wrongdoing and falsely claimed that Lucky Phounsy died of a drug overdose and extreme exertion.

Details of the Case: K.J.P. and K.P.P. by and through Loan Thi Minh Nguyen v. County of San Diego and Richard Fischer

While the defendant attempted to claim Phounsy died of a drug overdose and extreme exertion, toxicology reports contradict the claims proving Phounsy had no drugs in his system. The family filed a wrongful death lawsuit against the Sheriff's Department, but the first trial in 2021 ended with a hung jury. For the second trial, the plaintiff's counsel simplified the case and honed on the main defendant, former Sheriff's Deputy Richard Fischer (currently serving time in prison for sexually assaulting women during his patrols), and the lack of suitable training of the other deputies involved. The second trial resulted in the jury unanimously finding that Fischer's use of excessive force and the county's failure to provide proper training to deputies caused Phounsy's death. The jury found that the deputies used excessive force against Phounsy, weren't trained properly, violated Phounsy's civil rights, and were negligent in their duties -- all leading to Phounsy's wrongful death. On March 15, 2022, the federal jury awarded $85 million to Phounsy's family. The $85 million verdict is believed to be the largest in United States history for a wrongful death civil rights trial. The San Diego County Sheriff's Department later filed two post-trial motions in San Diego federal court - they seek to overturn the verdict. The county is expected to appeal the case further if necessary.

If you have questions about how to file a wrongful death lawsuit, please contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.