New Trial could Reduce Record $85 Million Lawsuit Payout

SAN DIEGO - A judge has ordered a new trial in the case of a man who died in San Diego County Sheriff's custody.

The Times of San Diego reported the tentative ruling by a federal judge Monday would allow for a new trial to determine the damages to be awarded to the family of 32-year-old Lucky Phounsy, who died after deputies arrested and hog tied him while he was experiencing a mental health crisis in April 2015.

This after attorneys for the County of San Diego and former sheriff’s deputy Richard Fischer fought to overturn the jury’s findings or have the award amount reduced. A jury awarded the Phounsy family a record $85 Million dollars in a wrongful death lawsuit back in March of this year.