College Football Player Shot by San Jose Police Set to Receive $8 Million Settlement

K'aun Green, a college football player who was shot by San Jose police three years ago while disarming a gunman in a taqueria, is poised to receive an $8 million settlement from the city. This could become the second-largest police-related payout in San Jose’s history.

Background

The incident occurred on March 27, 2022, when Green, then 20, intervened in a dangerous situation at La Victoria Taqueria near the San Jose State University campus. Video footage shows Green wrestling a gun away from another individual inside the restaurant. Despite his attempt to neutralize the threat, a San Jose police officer, Mark McNamara, mistakenly believed Green was involved in a nearby homicide and shot him four times on the restaurant steps. The bullets struck Green in his stomach, arm, and knee, though thankfully no bones were broken or major muscles permanently damaged.

The officer later resigned after a review revealed a series of racist text messages on his phone, some referencing Green. The Santa Clara County District Attorney subsequently dismissed multiple cases McNamara had been involved in, highlighting the officer’s compromised judgment and misconduct.

Settlement Details

The city attorney recommended the $8 million payout to Green, who is now 24, in order to avoid a larger financial liability if the case went to trial. The settlement, which includes attorney fees, reflects both the physical and emotional harm Green endured and the misconduct of the officer involved. City Attorney Susana Alcala Wood emphasized that the settlement accounts for "the inherent risks of litigation" and the difficulty a jury might have had in ignoring the officer’s racially charged statements when assessing reasonable use of force.

Green’s civil rights attorney, Adante Pointer, said: “This settlement reflects not just the harm K’aun suffered, but also the egregiousness of this particular officer. This young man deserves every penny San Jose is finally agreeing to pay.”

Historical Context

If approved, Green’s settlement will be the second-largest in San Jose’s history. The city’s largest payout to date was $11.3 million, awarded to Hung Lam in 2014 after he was shot in the back by police, leaving him paralyzed from the waist down.

Legal Proceedings and Challenges

Green initially filed an excessive force lawsuit against the city, which was dismissed by U.S. District Court Judge Nathanael Cousins in late December 2025. McNamara’s legal team argued that he had "qualified immunity," meaning the city would not be held responsible for his actions. The case also reached the 9th Circuit Court of Appeals in March 2025 before the settlement was negotiated. Despite the legal battles, Green has now been offered full compensation without having to go through a trial.

Moving Forward

Green has received a full athletic scholarship to play football at the University of Arkansas at Pine Bluff, positioning him to be the first in his family to graduate from college. Pointer emphasized that Green’s story challenges common assumptions about police shootings, explaining that sometimes victims are simply "doing the right thing" yet still suffer serious consequences when confronted by armed officers.

Despite years of legal battles, the city has yet to issue a formal apology, but the settlement represents an important step toward justice for Green.

Conclusion

K'aun Green’s case underscores both the dangers faced by civilians in high-stakes situations and the need for accountability in law enforcement. While no monetary award can erase the trauma he experienced, the $8 million settlement is a recognition of the injustice he endured and a rare acknowledgment of police misconduct with racial undertones.