Date: 03-17-2022

Case Style:

K.J.P. et al. v. San Diego County, et al.

Case Number: 3:15-cv-02692-H-MDD

Judge: Marilyn L. Huff

Court: United States District Court for the Southern District of California (San Diego County)

Plaintiff's Attorney: Gerald Singleton, Mark Fleming, Tim Scott, John Burton, Marcus Bourassa

Defendant's Attorney: James M. Chapin, Juan Fernando Kish, Morris G. Hill, Ronald Lenert, Sylvia Soliman Aceves, Jeffrey Patrick Michalowski for San Diego County

Description: San Diego, California personal injury wrongful death lawyers represented Plaintiffs, who sued Defendants on civil rights excessive force, negligence and wrongful death theories claiming to have been injured and damaged as a direct result of the wrongful acts of San Diego police officers.

The Plaintiff claimed that sheriff's deputy Richard Fischer used excessive force that was a proximate cause of Phounsy's injury or death.

The Plaintiff also claimed that San Diego Sheriff's Department failed to properly train deputies and was negligent.

Lucky Phounsy was arrested on April 13, 2015 during a party for Phounsy's two-year-old son at a family member's house in Santee.

Phounsy may have been paranoid from a lack of sleep caused by insomnia.

Outcome: 03/16/2022 526 Minute Entry for proceedings held before Judge Marilyn L. Huff: Jury Trial completed on 3/16/2022. Day of Trial 11. 8 Trial Jurors Present. Jury retired to reconcile verdict at 09:07 AM. Jury returned at 09:16 AM. Jury Verdict: In Favor of Plaintiffs. Jury polled. Jury Trial concluded. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Mark F. Fleming; Timothy A. Scott; Marcus S. Bourassa; Kimberly Sue Trimble). (Defendant Attorney Sylvia Soliman Aceves; Ronald Lenert; Mildred K. O'Linn). (no document attached) (smy) (Entered: 03/16/2022)
03/16/2022 527 WITNESS LIST. (smy) (Entered: 03/16/2022)
03/16/2022 528 PLAINTIFF EXHIBIT LIST. (smy) (Entered: 03/16/2022)
03/16/2022 529 DEFENDANT EXHIBIT LIST. (smy) (Entered: 03/16/2022)
03/16/2022 530 COURT EXHIBIT LIST. (Attachments: # 1 Court Exhibit 1, # 2 Court Exhibit 2). (smy) (Entered: 03/16/2022)
03/16/2022 531 JURY INSTRUCTIONS. (smy) (Entered: 03/16/2022)
03/16/2022 532 JURY SPECIAL VERDICT in favor of Plaintiffs against Defendants. (Attachments: # 1 Unredacted Jury Special Verdict). (smy) (Entered: 03/16/2022)

The jury awarded $5 million for the suffering Phounsy experienced from the arrest until his death and $80 million to his family for loss of his love, companionship and more.

Plaintiff's Experts:

Defendant's Experts:

Comments: