The settlement ends the case that focused attention on the Sheriff's Department's use of maximum restraints to subdue people. A jury had found in favor of the family and awarded $85 million, an amount later thrown out by a judge.
San Diego County will pay $12 million to the widow and children of Lucky Phounsy, who died after being beaten, repeatedly shocked with a stun gun, and hogtied in a struggle with San Diego County sheriff’s deputies nearly eight years ago.
Jurors came to a different conclusion after a second trial in March. They found the county was responsible for his death and awarded a record $85 million in damages. Lawyers said it was the largest jury award in a civil rights case involving a death in custody of law enforcement in the nation. Tim Scott and Mark Fleming, lawyers for the Phounsy family, said the settlement means the family avoids another agonizing trial and reflects the jury’s findings that deputies killed Phounsy and he bore no fault.
The U-T asked the department this week if the new sheriff would review the policy, but did not receive a response. He was taken outside the home and laid face down on the driveway, where he remained tied up and covered with two spit socks — mesh hoods put over someone’s head — for 30 minutes until an ambulance arrived, according to court records in the lawsuit.
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