Attorney Abimael “AJ” Bastida ’14 of McManis Faulkner secured a historic win in a case involving police use of force during the 2020 George Floyd protests. A San Jose jury awarded $1.3 million in damages to Kyle Johnson, a paraeducator and high school girls’ basketball coach who was shot with a rubber bullet by San Jose police while peacefully protesting. The verdict marks the first successful case in San Jose related to excessive police force during the 2020 protests.
Bastida ’14, who took over the case in 2022 after it was originally led by Christine Peek ’04, navigated the case through nearly five years of litigation. His leadership played a pivotal role in overcoming multiple legal challenges, including three attempts by the City of San Jose to have the case dismissed. Under his direction, the legal team meticulously analyzed hundreds of hours of video footage to identify the officer responsible for Johnson’s injuries, a crucial element in securing the jury’s verdict.
Johnson, an African American educator, joined hundreds of demonstrators outside San Jose City Hall on May 30, 2020, to protest police brutality. By all accounts, he remained peaceful, never threatening officers or violating any dispersal orders. However, when some individuals in the crowd began throwing objects at police, officers opened fire indiscriminately. As Johnson attempted to leave with his hands on his head, Officer James Adgar shot him in the back of the leg with a rubber bullet. Johnson suffered severe injuries that led to blood clots and pulmonary embolisms, medical conditions he had no prior history of.
Johnson filed a lawsuit against the City of San Jose and Officer Adgar, alleging excessive force and a violation of his constitutional rights.
During the January 2025 trial, which lasted two and a half weeks, Bastida and his team faced the significant challenge of identifying the officer responsible. With hundreds of protesters and multiple officers in riot gear, the team meticulously reviewed extensive video evidence to establish Adgar’s involvement.
“This case was a true team effort,” said Bastida. “Without the countless hours put in by our attorneys, paralegals, and legal assistants, we would not have been able to overcome the city’s multiple attempts to dismiss this case.”
The City of San Jose sought to have the case dismissed three times, including on summary judgment, arguing that Johnson could not prove which officer fired the shot that injured him. However, the jury ultimately found Officer Adgar liable after three days of deliberation, awarding Johnson $1.3 million for his injuries and suffering.
Although Johnson’s legal team also pursued a broader claim under the Monell doctrine—alleging that the San Jose Police Department engaged in a widespread practice of indiscriminately firing rubber bullets at protesters—the jury did not find in favor of holding the department as a whole accountable. Nevertheless, the case sets a significant precedent.
“This is the first successful case of its kind in San Jose,” Bastida noted. “Other cases involving protesters injured during the Floyd demonstrations have either settled or resulted in verdicts favoring the city. This ruling underscores that peaceful demonstrators have rights, and police officers must be held accountable when they use force unjustly.”
The City of San Jose has indicated that it may seek an appeal or file post-trial motions, which could prolong the legal battle for years. Meanwhile, another lawsuit against SJPD stemming from the 2020 protests is scheduled to go to trial in May.
For Johnson, the verdict represents long-awaited justice. “I protested because I believed in standing up against police brutality,” he said. “I never imagined I would become a victim of it. I’m grateful the jury saw the truth and held the officer accountable.”
As similar cases move forward across the country, legal experts believe this ruling could serve as a key precedent in future lawsuits involving police use of force against protesters.
Written by Daniel Zertuche, Student Writer for Santa Clara Law
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