The lawsuit states that 35-year-old Deontae Faison was having a picnic in the Martin Luther King Jr. Regional Shoreline Park with a friend on April 5, 2024, when an East Bay Park District officer approached them about Faison driving with expired tags.
Faison, who is Black, gave the officer a fake name. The lawsuit states he thought he was being treated differently than his friend, who is white.
When more officers arrived, Faison attempted to leave the scene when more officers arrived at the scene. He started running toward the water when the officer pulled out a taser.
According to the lawsuit, the officer shot Faison in the back with the taser while he was on the beach, but he then waded into the water as the tasing continued.
The lawsuit states that tasing someone who is wet or in water is against district policy. It also states that that officer's report says Faison struggled in the water for over 30 minutes while calling for help.
After officers pulled him out of the water, Faison allegedly became unresponsive after gasping for 15 minutes and was brought to the hospital.
The lawsuit states that emergency services were never called and accuses the officer of having other officers turn off their bodycams, getting rid of Faison's clothes, and not taking witness statements. It also states officers lied that Faison was armed in their reports.
"The level of disregard and callousness the officers showed as they comfortably stood by and watched Deontae call out for help while flailing his arms in a desperate bid to avoid drowning is unforgivable," said civil rights attorney Jamir Davis, of J. Davis Law Firm, PLLC. "Deontae's family will not rest until these officers are held accountable."
Faison's family held a press conference on Tuesday.
ABC7 News reached out to East Bay Park District regarding the lawsuit, which responded with this statement:
"The Park District does not comment on pending litigation. Our hearts go out to Mr. Faison and his family."
This story will be updated with more information.