See the 2024 Impact Report >>

Latest News

FAC Sues San Diego for Public Records About Controversial Use of Force Against Marcus Evans

June 26, 2025

Police Officers Shot Evans with Beanbag Rounds and Deployed a Police Dog that Mauled His Arm

Contact: [email protected]

San Rafael, Calif. — The First Amendment Coalition has sued the City of San Diego to force it to disclose public records about the San Diego Police Department’s controversial use of force against Marcus Evans last year.

In October 2024, San Diego police went to a residence in response to a 911 call. 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.

As he was talking with the officers without approaching them, police shot him with three beanbag shotgun rounds, one while he was seated on a ledge and two after he fell to the ground, hitting him in the torso, shin, and near the groin. Police also deployed a police dog that bit and clung to his 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 and led to scrutiny of SDPD’s K-9 practices. Evans brought a civil rights lawsuit against the city. According to that lawsuit, a pre-lawsuit claim for damages, and coverage of the incident, he suffered a broken right tibia, bruised ribs, tendon damage, and significant injuries to his left arm. Pride Law Firm represents Evans in his civil case.

“Nothing is more important to public trust in government than transparency, especially transparency about use of force by police that involves firearms or causes extensive injuries such as those Mr. Evans suffered,” said David Loy, legal director of the First Amendment Coalition. “The people have the right to the full story, not just the official story, so they can decide for themselves whether officers acted appropriately.”

As part of its statewide police transparency initiative, FAC requested all public records about SDPD’s use of force on Evans in March, including incident reports and body camera videos. Except for a redacted call log, the city refused to disclose any other records.

FAC’s lawsuit argues that San Diego is violating California’s 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.

The case, First Amendment Coalition v. City of San Diego, was filed in California Superior Court, County of San Diego.

The complaint can be found here: https://firstamendmentcoalition.org/case/first-amendment-coalition-v-city-of-san-diego/