An unarmed man who was attacked twice by a San Diego police dog and shot with multiple bean bag rounds in an incident last month filed a claim Wednesday against the city for his injuries, the first step toward a possible lawsuit .

San Diego attorney Dante Pride said Wednesday that his client passively resisted officers who arrived at a home in the Encanto neighborhood on Oct. 24.

“You can’t use force if passive resistance is the only thing you encounter,” Pride said at a news conference outside the department’s Southeast Division station.

During INCIDENTMarcus Evans, 31, was contacted by police regarding a report that a man threatened a woman with a gun.

In video footage captured by a videographer with SIDEO.TV, Evans can be seen walking out of the Duluth Avenue home with his hands up, wearing only basketball shorts.

Evans is talking to police and standing against a wall with his hands still raised before he is shot with a bean bag and falls to the ground. While on the ground, Evans is shot twice more with bean shots and attacked twice by a police dog as Evans screams.

Evans was eventually taken into custody, treated at a hospital and released. He was not booked into jail, according to police. The criminal investigation into Evans has been turned over to the City Attorney’s Office for possible prosecution.

The city attorney’s office said Wednesday that the investigation is still open and declined to comment further.

“Despite posing absolutely zero threat to officers, SDPD officers inexplicably decided to conduct multiple assaults of force … in violation of both SDPD training policies and POST standards,” the statement said. complaint, filed by Pride on behalf of the Evans family. “This misconduct resulted in serious and traumatic injuries to (Evans).” POST, short for the State Commission on Peace Officer Standards and Training, certifies California law enforcement officers and sets training standards.

According to Pride, Evans is “healing” but “not quite ambulatory yet.”

A round bean bag tore a piece off one of his shins, preventing him from putting weight on it, Pride said. Evans also had trouble opening and closing his left hand, Pride said.

The injuries prevented Evans from returning to work as a construction worker, Pride said.

The complaint comes less than a week after the police department announced it was investigating the incident internally.

“The video of this call has raised questions about how the incident was handled and a formal complaint has been filed,” the department said in a statement.