Jury award tossed in custody death

A federal judge has thrown out an $85 million lawsuit award over the death of a Southern California man who was beaten, hogtied and shocked with a stun gun by sheriff ’s deputies in 2015.

U.S. District Judge Marilyn Huff ruled last week that the March award by a federal jury in a civil rights lawsuit brought by the family of Lucky Phounsy, 32, against San Diego County was not supported by the trial evidence, the San Diego UnionTribune reported. At the time, it was the nation’s largest civil rights award for a custody death.

Huff declined to order a new trial and upheld findings of excessive force and negligence. However, a new trial will be needed to decide how much money the county should pay.

Phounsy, 32, died after a confrontation with nearly a dozen sheriff ’s deputies, including one who later served jail time for assaulting women while on duty. Family members said he was suffering a mental health crisis. Phounsy was shocked with a stun gun and restrained at the Santee home of a relative on April 13, 2015. His heart stopped on the way to the hospital. He was resuscitated, but died several days later.