San Diego Sued for Hiding Police Use-of-Force Records After Man Surrendered With Hands Up

The First Amendment Coalition has filed a lawsuit against the city of San Diego for refusing to release public records related to the San Diego Police Department’s use of force on Marcus Evans during a 911 response in 2023. The incident involved officers shooting Evans with beanbag rounds and unleashing a K-9 on him, despite video footage showing Evans exiting a house with his hands raised. The police were responding to a 911 call alleging that Evans had threatened a woman with a gun—yet no weapon was found, and Evans was not booked into jail, according to his attorney, Dante Pride.

David Loy, Legal Director for the First Amendment Coalition, emphasized that under California law, the public has the right to access all records whenever an officer discharges a firearm or uses force resulting in great bodily injury. “That is regardless of whether the force is deemed justified or unjustified,” Loy said. Despite a request in March for records including body camera footage and incident reports, the city only released a redacted call log. Loy expressed concern over the city’s refusal, stating, “We are very troubled that the police department did not disclose these records when requested. We should not have to go to a court to enforce the clear mandates of state law for police transparency.”

Attorney Dante Pride, representing Evans in a separate case, reported that Evans sustained multiple injuries including a shin wound, bruised ribs, and hand damage that affected his grip. Community members and advocates have also raised alarm about the SDPD’s use of K-9s, describing the impact on residents as traumatic and unjust. “We’re not feeling protected. We’re feeling hunted,” said advocate Tasha Williamson during a Commission on Police Practices meeting.

San Diego Police Lt. Travis Easter told KPBS the department is aware of the lawsuit but declined to comment on pending litigation. Loy noted this is the first time the First Amendment Coalition has taken legal action against San Diego on such grounds.

Link: KPBS