Family of man fatally injured in police custody awarded $85m in damages

Lucky Phounsy called 911 during 2015 mental health crisis and died later at hospital

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A California jury has awarded $85m to the family of a man who died following a 2015 confrontation with San Diego County sheriff’s deputies.

Lucky Phounsy called 911 after he began experiencing symptoms of a mental health crisis, including delusions that someone was going to harm him, his wife and their two young children.

The deputies who responded were “unnecessarily confrontational, aggressive, and profane,” increasing 32-year-old Phounsy’s paranoia, the family’s wrongful death and negligence lawsuit stated.

After deputies tried to handcuff him, “Lucky became frightened and confused” before an altercation with one of the deputies, the lawsuit adds.

A Taser weapon was then used on him, he was hog-tied and paramedics put a sock over his face on the way to hospital, according to the lawsuit.

It states that Phounsy’s heart stopped “at some point before arriving at the hospital” where he died several days later.

The county had claimed in court filings that Phounsy bit, punched, and clawed the responding deputies.

Court records show that the federal jury found the deputies used excessive force against Phounsy, were not trained properly, violated his civil rights, and were negligent in their duties

His family was awarded $5m for his pain and suffering, and $80m for their loss of his love, companionship and more, court records show.

“What we asked the jury for is to return a verdict that reflected the truth about his death and that reflected justice for what was taken from this family,” Tim Scott, an attorney for the family, told KGTV.

“We think that the jury verdict did deliver both truth and justice.”

The San Diego County Sheriff’s Department said in a statement that it will meet with its legal team to “evaluate the verdict further.”

“As always, our ultimate goal is to provide exceptional law enforcement services in San Diego County,” the statement added.