An excessive force lawsuit against a former San Jose cop disgraced by a racist texting scandal is set to resume, after a federal court ruling last week affirming the ex-officer is not shielded from litigation in his controversial 2022 shooting of an aspiring college football player.

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.

McNamara and his attorney, as well as the City of San Jose, had argued to Judge Nathanael Cousins of the federal Northern District

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