COUNCIL AGENDA: 1/13/2026
FILE: 26-035
TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: SUSANA ALCALA WOOD,
City Attorney
SUBJECT: GREEN v. CITY OF SAN JOSE,
ET. AL. – SETTLEMENT
DATE: December 17, 2025
RECOMMENDATION
Approve a settlement in the case of Green v. City of San Jose, et. al., U.S. Dist. Ct., N.D. Cal., case no 5:22-cv-02174-NC, in the amount of $8,000,000.00 and authorize the City Attorney to execute a Settlement Agreement.
OUTCOME
Settle the lawsuit brought by Plaintiff K'aun Green with a payment by the City of San José of $8,000,000.00, each side to bear their own costs, including attorneys’ fees.
BACKGROUND
This lawsuit arises from an officer involved shooting that occurred at the La Victoria restaurant near the entrance of the San Jose State campus at approximately 3 am on March 27, 2022. Police were at the scene of a homicide that happened a few hundred feet away from La Victoria and approximately 30 minutes before the incident with Mr. Green. The police officers saw people running from the restaurant and heard that there was a man with a gun inside the restaurant who was fighting with other patrons. Police arrived on the scene quickly, just moments before Mr.
Green came rushing out of the door with a gun in his hand. Former Officer McNamara shot Mr. Green four times from just five feet away. Subsequently, it was revealed that McNamara had written racist text messages regarding the incident with Mr. Green.
Plaintiff alleged serious physical injuries to his left arm, left leg, and abdomen, as well as emotional distress, as a result of the incident.
ANALYSIS
This is a negotiated settlement between the parties to avoid the risks inherent in litigation. The proposed agreement will conclude the litigation without further cost, expense, or risk of loss to the City or City employees.
ITEM: 3.3
HONORABLE MAYOR AND CITY COUNCIL
December 17, 2025
Subject: Settlement of Green v. City of San José
T-42879
PUBLIC OUTREACH/INTEREST
This memorandum and the Settlement Agreement have been pos ted on the City’s
website for the January 13, 2026, open session agenda.
COST SUMMARY/IMPLICATIONS
The settlement will b
e paid from the City’s claims reserve fund.
CEQA
Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
cc:
Jennifer Maguire, City Manager
For questions, please contact SUSANA ALCALA WOOD, City Attorney, at (408) 535-1900.