A federal judge this week threw out the record $85-million civil rights verdict against San Diego County stemming from the death of Lucky Phounsy, who was beaten, tasered and hogtied in a struggle with nearly a dozen deputies in 2015
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“Considering the entire record,” Huff wrote near the end of a 75-page ruling issued Wednesday, “the size of the jury’s wrongful death award is far out of proportion to the evidence and indicates that the jury may have impermissibly included in the award some measure of Plaintiffs’ emotional distress, or some amount intended to punish Defendants.”to order an entirely new trial, and also declined to issue a ruling overturning the verdict and declaring the county the winner.
The ruling means there will be a third trial, but this one only on the issue of how much money the county should pay. No date has been set for this trial, and Huff ordered both sides to confer on possible dates.A spokesperson for the county, citing the ongoing nature of the case, declined to comment.
“The order confirms the most important part of the jury’s verdict: that the County and its deputies are entirely, and legally, responsible for Lucky Phounsy’s death,” they wrote. “Another jury will soon have the responsibility of measuring the unspeakable loss suffered by the Phounsy family.”
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