In recent news, a federal judge threw out the $85 million wrongful death lawsuit award over a Southern California man's death while in the custody of Sheriff's deputies in 2015.

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 Lucky Phounsy's family. Lucky was a 32-year-old Santee, California resident who died after an April 13, 2015 incident involving the San Deigo Sheriff's Department and some local deputies. Lucky's family claims his death was caused by law enforcement, who tased, beat, and hogtied him during the encounter. During his son's 2nd birthday party, Phounsy called 911 amidst a mental crisis and reported unknown assailants were attempting to hurt him. Lucky's family recalls the Sheriff's deputies who responded to the call as confrontational, aggressive, and profane. While law enforcement officers on the scene tried to handcuff Lucky, he allegedly became frightened and confused about the situation. Law enforcement tased, beat, and then hogtied Lucky, eventually strapping him to a gurney tightly and transferring him into an ambulance (without being untied). The former Sheriff's deputy who rode with Phounsy to the hospital allegedly put a spit-sock over Phounsy's face and pushed his head and torso down until Phounsy went into cardiac arrest. Due to the spit-sock, paramedics could not offer Lucky oxygen or appropriately monitor his condition. Before arriving at the hospital, Phounsy fell into a coma. After a few days at the local hospital, Lucky Phounsy died. The family filed a wrongful death lawsuit against the Sheriff's department, and the first trial in 2021 resulted in a hung jury. After further litigation, a March 2022 jury trial resulted in an $85 million award for the family of Lucky Phounsy - the largest settlement ever seen in this type of case.

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

Defendants claim that the two responding deputies called for backup units "while they were being assaulted and injured by Phounsy." The two deputies were allegedly injured in the altercation (one with severe injuries). After the incident, the Sheriff's Department cleared the deputies involved of wrongdoing and claimed that Phounsy died of a drug overdose combined with extreme exertion. These claims were not supported by evidence.

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

Previously, in March 2022, a California jury found that the San Diego County sheriff's deputies used excessive force in a 2015 incident. However, U.S. District Judge Marilyn Huff found that the March award by a federal jury in the civil rights lawsuit brought by Lucky Phounsy's family against San Diego County wasn't supported by trial evidence. At the time it was awarded, the $85 million award was the nation's largest civil rights award for a custody death in history. According to the judge, the amount was "far out of proportion to the evidence," which could indicate that the jury impermissibly included in the award a measure of the plaintiffs' emotional distress or intended some portion as a punishment for the defendants. The judge did not order a new trial and upheld findings of excessive force and negligence. However, a new trial will be necessary to determine a new award amount.

If you have questions about how to file a wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. 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.