FAC filed a lawsuit against the City of San Diego to compel disclosure of records documenting the San Diego Police Department’s controversial use of force against Marcus Evans.
In October 2024, San Diego police responded to a 911 call at a residence. As documented by a local videographer, Evans complied with the officers’ direction to exit the residence. Barefoot and shirtless, Evans came outside slowly with his hands raised, explained he was unarmed, asked officers to explain their presence, and insisted he had done nothing wrong.
One or more officers eventually shot Evans with three beanbag shotgun rounds, hitting him in the torso, shin, and near the groin. Officers also deployed a police dog that bit and clung to Evans’s arm, jerking it from side to side. Evans was arrested and taken to a hospital. No charges were filed against him.
The incident was covered widely in San Diego media after Evans made a claim for damages to the city. According to media coverage, Evans’s claim, and a civil rights lawsuit he later filed, he suffered a broken right tibia, bruised ribs, tendon damage, and significant injuries to his left arm.
As part of its police transparency initiative, FAC requested all records related to the use of force against Evans, including but not limited to incident reports and body camera videos. The city disclosed a redacted call log but otherwise denied FAC’s request.
FAC’s lawsuit argues the city is violating landmark police transparency laws that require disclosure of records relating to any discharge of a firearm at a person by a peace officer or any use of force by a peace officer that results in great bodily injury. According to the lawsuit, the shotguns used by San Diego police to fire beanbag rounds are “firearms,” regardless of the type of ammunition deployed, and that injuries inflicted on Mr. Evans qualify as “great bodily injury.”
Press Release:
FAC Sues San Diego for Public Records About Controversial Use of Force Against Marcus Evans (6/26/2025)
Legal Documents:
Petition for Declaratory Relief (6/25/2025)