San Diego County attorneys are searching for to wipe out an $85 million jury award to the household of man who died after being restrained by sheriff’s deputies in 2015, or get a brand new trial within the lawsuit that generated the case.
County attorneys contend the decision stemming from the negligence and wrongful dying lawsuit was “incurably contaminated with error” and that the trial was riddled with rulings that damage the county’s case.
The request is detailed in motions filed in U.S. District Court docket in San Diego earlier this month by county attorneys. They’re the primary strikes in what’s going to probably be a protracted struggle to cut back or utterly overturn the decision returned March 15 in favor of the household of Fortunate Phounsy.
One movement asks U.S. District Court docket Decide Marilyn Huff to put aside the decision, contending the proof was not adequate to assist the jury’s conclusion, The San Diego Union-Tribune reported. A second seeks a brand new trial, or a discount within the award, arguing there have been a collection of trial errors and that the quantity awarded was extreme.
Phounsy, 32, died after being hogtied, shocked him with a stun gun and restrained by San Diego Sheriff’s Division deputies on the Santee residence of a relative on April 13, 2015. Phounsy’s coronary heart stopped on the best way to the hospital. He was resuscitated, however died a number of days later.
The county medical expert concluded his dying was unintentional and the results of the lengthy wrestle with deputies, mixed with the consequences of the drug ecstasy he had taken a number of days earlier than.
However attorneys for the household disputed that conclusion and argued that the conduct of the deputies brought on him to suffocate to dying.
They pointed to deputies binding Phounsy’s arms and ankles in restraints, failing to watch his very important indicators and persevering with to restrain him when one deputy forcibly held his head down whereas he was in an ambulance.
The case was tried twice in federal court docket. In September a jury deadlocked and couldn’t attain a verdict. At a second trial held in March, after solely a day of deliberation, the jury discovered the county liable and awarded Phounsy’s household $85 million.
Legal professionals for the household should nonetheless file their arguments opposing the county motions. In a press release, attorneys Mark Fleming and Timothy Scott stated the county remains to be evading accountability for Phounsy’s dying.
“The rehashed arguments raised by the County have already been rejected” by courts a number of occasions,” stated Scott. Fleming stated that the bid to chop the cash award disrespects “each the worth of Fortunate’s life and the enormity of his loss to his household, in addition to the arduous work and cautious consideration of the jury.”
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