A recent lawsuit is drawing urgent attention to body-worn camera footage policies in San Diego after a police use-of-force incident left a man seriously injured. The case centers on an unarmed Black man, Mr. Evans, who was allegedly shot with rubber bullets and attacked by a K-9 officer while his hands were raised. Now, First Amendment Coalition v. City of San Diego is before the courts over the city’s refusal to release the footage of the incident. Additionally, a second lawsuit – Evans v. City of San Diego – was successfully brought through civil court in an effort to recover damages for the injured victim, Mr. Evans.

People across San Diego are asking a straightforward question: why are some police videos shared with the public quickly while others are kept hidden, even when state law says they must be released? The answer may have everything to do with how the footage reflects on the department.

The first case – First Amendment Coalition v. City of San Diego – raises fundamental questions about fairness, transparency, and who decides when the public gets to see what happened. The lawsuit demands that those questions be answered by a court. If you or someone you love has been harmed by police misconduct in San Diego, call (619) 794-0451 to speak with a San Diego police misconduct lawyer at McKenzie Scott today.

What Does California Law Say About Releasing Body Camera Footage?

California has some of the strongest police transparency laws in the country. Under SB 1421 and AB 748, police departments are required to release body-worn camera footage within 45 days after a critical incident, including any use of force that results in great bodily injury, any officer-involved shooting, or any incident resulting in death.

The intent behind these laws is clear: when something goes seriously wrong during a police encounter, the public has a right to see what happened. Transparency is the mechanism that builds community trust and discourages misconduct.

In practice, however, departments sometimes delay, redact, or quietly withhold footage, particularly when it raises difficult questions about officer conduct. Advocates in San Diego have noted a troubling pattern: video tends to surface quickly when it supports the department’s narrative and moves significantly more slowly when it does not.

That kind of inconsistency does not just frustrate families seeking answers. It undermines the entire purpose of these laws. Transparency only works if it is applied equally, every time, regardless of how a case looks for the department.

What Happened in the Evans Case?

According to the complaint filed in Evans v. City of San Diego, Mr. Evans stepped outside his home with his hands raised in the air. Rather than de-escalating, officers deployed rubber bullets and a police K-9, which bit Mr. Evans and caused serious injuries. His attorneys describe the officers’ actions as clear excessive force.

Despite the severity of the injuries, which plainly meet California’s legal threshold of great bodily injury, the city has not released the body camera footage from the incident.

The court must now decide whether the city is violating state transparency law or whether it has a legally sufficient reason for withholding the video. Community members and advocates close to the case believe there is no valid justification for the delay.

For Mr. Evans’s family, every day without the footage feels like the truth is being deliberately kept from the people who need it most.

Frequently Asked Questions About Body Camera Footage and Police Misconduct in San Diego

Does California law require police to release body camera footage?

Yes. Under SB 1421 and AB 748, agencies must release footage within 45 days when there is great bodily injury, a shooting, or an officer-involved death. A court may grant a time-limited extension for an active criminal investigation, but public release is the legal default, not the exception.

What can I do if San Diego police refuse to release body camera footage?

You can submit a formal request under the California Public Records Act (CPRA). If the department denies your request or ignores it, you have the right to challenge that denial in court. A San Diego civil rights attorney can file the appropriate motions to compel release and hold the agency accountable.

Can I sue the City of San Diego for excessive force?

Yes. If you were injured by a San Diego police officer using unreasonable force, you may have claims under 42 U.S.C. § 1983 (federal civil rights law) and California state law. Strict deadlines apply. You typically only have six months to file a state government tort claim. Failing to do so can forever prevent your ability to sue in court, so speaking with an attorney as soon as possible is essential.

How long do I have to file a civil rights lawsuit against SDPD?

In California, you generally must file a government tort claim with the City within six months of the incident. If your claim is rejected, you typically have six more months to file your lawsuit. These deadlines are firm. Contact McKenzie Scott’s San Diego civil rights attorneys immediately if you believe your rights have been violated.

What is Evans v. City of San Diego about?

Evans v. City of San Diego is a civil rights lawsuit filed on behalf of an unarmed Black man who was shot with rubber bullets and attacked by a K-9 while his hands were raised. The suit ultimately settled for $875,000.

What is First Amendment Coalition v. City of San Diego about?

The First Amendment Coalition v. City of San Diego lawsuit involves a request for the release bodycam footage that was captured during the Evans shooting. Despite injuries that meet the legal threshold for mandatory footage release under California law, the city has withheld the body camera video in the Evans shooting, prompting the lawsuit.

A Double Standard: Comparing the Evans Case to Other San Diego Incidents

The Evans case does not exist in a vacuum. A comparison with other recent San Diego use-of-force incidents reveals a pattern that demands scrutiny.

After a 2025 incident in Ocean Beach, video was released within approximately one month after officers shot a man who witnesses described as attempting what officials called a “suicide by cop” scenario. That footage came out quickly. The department’s framing of the event was largely unchallenged, and transparency was never a problem.

In the Evans case, where the facts as alleged are far more troubling for the department, the footage remains hidden.

Both cases involved serious use of force. Both cases involved injuries. But only one moved through the release process quickly. The difference appears to be whether the footage helps or harms the department’s public image.

Families and community members are not asking for special treatment. They are asking for the same rules to apply every time. When release decisions seem to depend on optics rather than law, it tells affected communities that accountability is conditional.

In September 2025, an $875,000 settlement in the Evans case was approved.

Why These Cases Matter for Civil Rights and Community Trust in San Diego

At their core, these lawsuits are about more than police procedure or public records policy. It is about dignity and equal protection under the law.

When a department withholds footage in cases involving Black community members while releasing it swiftly in cases that reflect well on officers, it sends an unmistakable message about whose rights are treated as real. For communities that have long experienced over-policing and under-accountability, that message reinforces a painful reality.

Civil rights lawsuits like First Amendment Coalition v. City of San Diego serve a critical function. They force institutions to follow the rules they agreed to follow. They create a public record. And they push courts to establish precedents that protect everyone.

If you believe you have experienced police misconduct in San Diego, including excessive force, wrongful arrest, or denial of your civil rights, you deserve experienced representation. Call McKenzie Scott at (619) 794-0451 to speak with a San Diego police misconduct lawyer who will fight for the accountability you deserve.

What Could This Case Change Going Forward?

The outcome of First Amendment Coalition v. City of San Diego could have significant implications for police transparency across California.[MM1] 

If the court rules in Mr. Evans’s favor and finds that the city violated state transparency law, it could create precedent that strengthens enforcement of SB 1421 and AB 748 statewide. Other departments currently gaming these laws through selective delays could face greater legal exposure.

A ruling could also push San Diego to formalize its release policies so that timelines are objective, not discretionary. That would mean equal treatment across every incident, regardless of what the footage shows about officer conduct.

Even if the Evans family does not prevail on every claim, the lawsuit has already forced these questions into public view. That alone is a form of accountability. And accountability, even incremental, is how communities build the trust that makes public safety possible.

What Should You Do If Police Withheld Footage After a Use-of-Force Incident?

If you or a family member was seriously injured during a police encounter and the department has not released the body camera footage, here are the steps you should take:

• Document everything immediately. Write down or record what happened, when it happened, who was present, and what injuries resulted. Preserve any photos, medical records, or witness contact information.
• Submit a California Public Records Act request. You have the right to formally request the footage from the San Diego Police Department. The department must respond within 10 days and provide a timeline for producing records.
• Track all deadlines carefully. Government tort claim deadlines in California are strict and unforgiving. Missing them can permanently bar your ability to seek damages.
• Consult a civil rights attorney right away. The sooner you get legal help, the better protected your rights will be. An experienced civil rights attorney can file records requests, preserve evidence, and build your case before critical deadlines pass.

Cases like First Amendment Coalition v. City of San Diego highlight what is at stake when transparency laws are not enforced equally. If you need experienced legal representation, contact a San Diego police misconduct lawyer at McKenzie Scott. Call (619) 794-0451 or visit mckenziescott.com to get the help you deserve.