A Black college football player who was shot by police seconds after disarming a gunman inside a taco shop in San Jose is set to receive an $8 million settlement.

According to Atlanta Black Star, the San Jose City Council is expected to approve the settlement at its January 13 meeting after the courts denied qualified immunity to the officer who opened fire against Contra Costa College student K'aun Green.

The shooting unfolded at around 3 a.m. on March 27, 2022, at La Victoria Taqueria in downtown San Jose. Green, then 20, was punched by an intoxicated man. A struggle ensued between the two before another man pulled a gun and pointed it at Green and other customers. Green wrestled the gun away and backed out of the restaurant, holding it over his head to signal he was not a threat.

Multiple officers arrived at the scene and shouted, “Drop the gun!” Surveillance video showed Green dropping the weapon and raising his hands. However, within seconds, Officer Mark McNamara fired five shots, striking Green four times.

Green suffered serious injuries to his arm, knee, and abdomen, and had part of his intestine removed. He was handcuffed to a hospital bed for two days and initially denied contact with his family, according to court filings.

McNamara sought dismissal under qualified immunity but was denied by a trial court and again by the U.S. Court of Appeals for the Ninth Circuit in September 2025.

“A reasonable jury could find that McNamara violated Green’s Fourth Amendment right not to be subjected to excessive force by shooting him as he surrendered,” the appellate court wrote. “Police officers do not act reasonably when they shoot an armed individual who is surrendering or who does not pose an immediate threat.”

The case faced added scrutiny after investigators uncovered racist text messages McNamara sent to fellow officers following the shooting. In the messages, McNamara used racial slurs to describe Green, joked about the shooting, and later wrote, “I hate Black people,” according to the lawsuit.

McNamara resigned from the San Jose Police Department in November 2023, lost his California law enforcement certification, and is not working in policing.

In a statement, City Attorney Susana Alcala Wood said the $8 million settlement was reached “to avoid the risks inherent in litigation."

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