Attorney: San Diego County Sheriff’s Department needs to change policy regarding the maximum restraint technique.
SAN DIEGO - Seven years, two trials, and an $85 million verdict after a jury sided with the family of Lucky Phounsy.
Later in the call, a family member told the 911 operator that Phounsy was paranoid, and they were trying to get him to the hospital. The court documents claim, “Phounsy spun around suddenly and punched Deputy Collins several times in the face. Deputy Collins returned some punches and was able to push Phounsy away enough to deploy his Taser, but it had no effect.”
In that autopsy report, the medical examiner stated, “Based on these findings and the history and circumstances of the death as currently known, the cause of death is best listed as ‘anoxic encephalopathy, due to cardiopulmonary arrest with resuscitation following physical altercation and restraint, due stimulant drug-related psychotic state’ with ‘cardiac arteriolosclerosis’ listed as a contributing condition, and the manner of death as ‘accident.
"I think the video does a terrible job of explaining the risks of positional asphyxia, the risks of suffocation, the fact that this is a potentially deadly exercise that they're doing,” Fleming said. Team 10 found some departments across the country have different language in their policies and some are moving away from uses of force that bind both hands and feet behind the back.
It’s a restraint product that goes on the body and is designed to keep people in the upright seated position.
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