Professional Negligence Law Reporter

Lucky Phounsy, who was in his 30s, was at a birthday party when he experienced a mental health crisis that included hallucinations and paranoia. His family called police, and San Diego County sheriff’s deputies arrived on the scene. The deputies allegedly handcuffed Phounsy, hit him with fists and batons, and shot him with a Taser. Paramedics from Lakeside Fire Protection District and the city of Santee came to transport Phounsy to a hospital, giving him two injections of a benzodiazepine and carrying him facedown and tied up on a gurney.

Phounsy suffered asphyxiation on the way to the hospital and received life support before he died. He had been a mechanic and is survived by his two minor children.

Phounsy’s representative sued the county, Lakeside Fire Protection District, and the city of Santee, alleging deliberate indifference to a serious medical need and excessive force. The defense argued that Phounsy’s death resulted from excited delirium.

The plaintiff settled with the Lakeside and Santee defendants for $50,000. The plaintiff’s case against the county is reportedly pending.

Citation: Nguyen v. City of Santee, No. 3:15CV02692 (S.D. Cal. Apr. 6, 2020).

Plaintiff counsel: AAJ member Gerald Singleton, San Diego; Brody McBride, Solana Beach, Calif.; and John Burton, Pasadena, Calif.