San Jose is on the verge of signing off on an $8 million payout to settle a federal civil-rights lawsuit filed by K'aun Green, who was shot outside La Victoria Taqueria in 2022. The proposed deal, tied to revelations of racist text messages by the officer who opened fire, is scheduled for a City Council vote on Jan. 13.
City attorney recommends deal to avoid trial
In a memo urging the council to settle, City Attorney Susana Alcala Wood said the agreement was crafted to reduce legal risk and would "conclude the litigation without further cost, expense, or risk of loss to the city or city employees," according to The Mercury News. The memo puts the $8 million figure in front of councilmembers and asks them to authorize the payout to resolve the federal case. If they sign off, the lawsuit ends without a trial.
Appeals court left the case alive
The 9th U.S. Circuit Court of Appeals ruled in September that Green's excessive-force lawsuit could proceed to trial, finding that a reasonable jury could conclude Officer Mark McNamara violated Green's Fourth Amendment rights and that the law was clearly established at the time, according to the 9th U.S. Circuit Court of Appeals. That decision significantly narrowed the city's chances of winning dismissal on qualified immunity grounds and raised the financial and legal stakes that the settlement is meant to avoid.
Officer's racist texts and resignation
McNamara resigned after an internal affairs investigation uncovered dozens of racist text messages and comments that referenced the shooting, a development that intensified calls for his decertification and for criminal review, as reported by The Associated Press. Critics argue that the messages, which include racial slurs, severely undercut the city's legal defense and have reignited public anger over police conduct.
Green's injuries and lawyers' claims
Video and court filings show that Green was hit four times, suffering serious wounds to his abdomen, arm, and leg, and he has sued seeking damages, according to CBS San Francisco. Green's attorneys say he had started lowering the gun and raised an open hand as officers approached, an account reported by ABC7.
Community reaction and legal fallout
Civil-rights groups and local leaders have pushed for stronger accountability, arguing that a settlement cuts off a full public airing of evidence and blocks the creation of a detailed court record that could drive reforms, according to San Jose Inside. After the texting scandal emerged, the Santa Clara County District Attorney's Office reviewed cases tied to McNamara and moved to dismiss several prosecutions.
