K’aun Green’s wounds were serious enough to derail the young man’s football career.
Video surveillance circulated online showed that Green was trying to leave the restaurant after disarming the other man. It was then that former San Jose officer Mark McNamara fired four shots, striking Green in the stomach, arm, and knee. None of the bullets caused catastrophic injury. However, the wounds were serious enough to derail the young man’s football career.
Green’s legal team rejected earlier attempts by the city to invoke qualified immunity to shield the officer from liability. The turning point in the litigation came after San Jose’s police chief disclosed that McNamara had sent racist text messages about Green. A specific text stating “I hate Black people” held weight in the decision. Texts also reveal McNamara using the n-word. Subsequently, McNamara resigned and several of his previous cases were dismissed.
City Attorney Susana Alcala admitted that the settlement comes due to multiple factors, not necessarily because the city believes they are rightfully responsible.
“The amount of this settlement reflects the inherent risks of litigation. The settlement reflects the risks of litigation when the officer involved was later found to have made reprehensible statement evidencing racial animus, “Alcala said. “It would be difficult for jurors to ignore in evaluation how a reasonable officer would have reacted when Mr. Green emerged with a gun in his hand. In light of Mr. Green’s injuries and the obligation to pay his attorney’s fees if a jury found in his favor, the city believes the settlement. . .limits the city’s exposure.”
Since the shooting, Green has earned a full scholarship to the University of Arkansas at Pine Bluff and is on track to become the first college graduate in his family.
A federal judge dismissed Green’s lawsuit after a settlement conference in November, clearing the way for the city and plaintiff to resolve the matter without trial, attorneys said.
City officials, including representatives for the San Jose Police Department, declined to comment beyond public statements regarding the settlement process.
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Source: Black Enterprise
