The First Amendment Coalition is suing the city of San Diego to obtain public records in connection with San Diego police officers' use of a nonlethal firearm and a K-9 while responding to a 911 call last fall.
Police said the 911 caller claimed 31-year-old Marcus Evans threatened a woman with a gun.
A local videographer captured the police response. It showed Evans walking out of a house wearing basketball-style shorts with his hands raised responding to officers.
Later the video showed police shooting Evans with three beanbag shotgun rounds then releasing a police K-9 that bit him repeatedly.
“California has a series of laws that were passed five or six years ago which guarantees the public has a right to all records relating to any time a police officer discharges a firearm at a person or uses force that causes great bodily injury," said David Loy, Legal Director for the First Amendment Coalition. "That is regardless of whether the force is deemed justified or unjustified.”
Police never found a gun or booked Evans into jail according to Dante Pride, who represents Evans in a separate suit against the city. Pride said Evans's injuries included a wound on his shin, bruised rib and he had trouble opening and closing his left hand and gripping.
The First Amendment Coalition requested all public records about the San Diego Police Department’s use of force on Evans in March, Loy said, including incident reports and body camera videos. Except for a redacted call log, he said the city refused to disclose any other records.
"We are very troubled that the police department did not disclose these records when requested. We should not have to go to a court to enforce the clear mandates of state law for police transparency," Loy said.
San Diego Police Department’s Lt. Travis Easter told KPBS they are aware of the lawsuit and do not comment on pending litigation.
Loy said his organization has not previously sued the city of San Diego on this issue.
