"Mark McNamara will continue having to defend himself against the wrongful-shooting claims of K'aun Green, who McNamara shot four times as Green was exiting a downtown taqueria on March 27, 2022 after a brawl inside the eatery. Green had his hands up while holding a gun above his head pointed up toward the air - a weapon he had disarmed from an assailant inside - when he was shot."
""Because a reasonable jury could find, on the basis of the district court's assumed facts, that McNamara used excessive force when he shot a surrendering Green, and the law was clearly established at the time of the incident, the district court did not err in denying McNamara's motion for summary judgment based on qualified immunity," Judge Kim McLane Wardlaw wrote for the unanimous three-judge panel."
"McNamara and his attorney, as well as the City of San Jose, had argued to Judge Nathanael Cousins of the federal Northern District of California that McNamara was entitled to qualified immunity, a legal doctrine that insulates government officials from litigation over their work actions provided they don't breach someone's clearly established constitutional or statutory rights."
Mark McNamara, a former San Jose police officer, is facing wrongful-shooting claims by K'aun Green after McNamara shot Green four times on March 27, 2022 as Green exited a downtown taqueria following a brawl. Green had his hands up while holding a gun pointed upward that he had disarmed from an assailant inside when he was shot. McNamara and the City sought qualified immunity, but Judge Nathanael Cousins denied the defense in March 2024, finding disputed facts that could indicate constitutional violations. The 9th U.S. Circuit Court of Appeals affirmed the denial on Sept. 9, allowing the case to proceed to trial. Green's attorney accused the defendants of stalling the lawsuit for over a year.
Read at The Mercury News
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