The Settlement Vote
*As it should, the San Diego City Council is scheduled to vote tomorrow (09-09-25) on an $875,000 settlement with Marcus Evans. Evans, a 32-year-old construction worker, accused the San Diego Police Department (SDPD) of using excessive force during an October 2024 arrest at his Encanto home. If approved, the settlement will resolve his civil rights lawsuit without the city admitting liability.
The payment would compensate Evans for severe injuries he sustained, including a fractured tibia, bruised ribs, and permanent tendon damage to his arm. According to his legal team, Evans was unarmed and compliant throughout the encounter, claims backed by video evidence.
The Incident That Sparked the Lawsuit
Last year in October, officers responded to a 911 call reporting a man with a gun. Evans and three others exited the residence with hands raised. Freelance video footage shows Evans barefoot, shirtless, and repeatedly stating, “I’m unarmed.” He sat on the ground, hands up, pleading with officers to stop.
Despite this, officers fired three bean bag rounds, one breaking his shin bone, another striking his torso, and a third hitting near his groin. A police K-9 was deployed twice, ultimately mauling his left arm. Evans was arrested for assault with a deadly weapon and resisting arrest, but prosecutors dropped charges after no firearm was found. He was hospitalized for treatment and has been unable to work since. All the more reason why the proposed settlement is not nearly enough, in our opinion.
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The Civil Rights Lawsuit
Evans filed a federal lawsuit alleging violations of his Fourth Amendment rights, excessive force, and failure to train or supervise officers. The case named the City of San Diego, Police Chief Scott Wahl, and nearly two dozen officers. His attorney, Dante Pride, argued Evans presented “absolutely zero threat” and that the bean bag shotgun use violated SDPD policy and state POST guidelines.
Chief Wahl later acknowledged the video was “difficult to view” and confirmed an internal review, but the department has released few details due to pending litigation. Evans’ suit became a flashpoint in debates over SDPD’s use of less-lethal weapons and K-9 units.
Transparency Battles
The case has also fueled transparency disputes. In June 2025, the First Amendment Coalition (FAC) sued San Diego under the California Public Records Act, seeking release of body camera footage, incident reports, and use-of-force records. FAC argued that because bean bag rounds qualify as firearms under state law, records must be disclosed. The city only released a redacted 911 log, prompting FAC to accuse officials of violating police transparency laws passed in 2018 and 2019. That lawsuit remains unresolved.
Family and Community Reaction
Evans’ mother, Glenda, and uncle, Anthony, expressed devastation over his injuries and the trauma of the incident. They emphasized the need for accountability and systemic change. Community advocates point to the case as part of broader concerns about racial equity in policing—Evans is Black—and the use of aggressive tactics against unarmed residents.
What Happens Next
The settlement vote is expected to pass on September 9, 2025, closing Evans’ lawsuit without a trial. The resolution spares the city further legal costs and potential higher damages but does not include policy reforms or commitments to transparency. Meanwhile, FAC’s public records case continues, keeping scrutiny on SDPD’s use-of-force practices.
The Evans case highlights ongoing debates in San Diego about police accountability, civil rights, and transparency—issues that remain unresolved even as the city prepares to write a check for nearly $1 million.
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