By Theresa Clift, Marcus D. Smith
The Sacramento Bee
ELK GROVE, Calif. — An Elk Grove man has sued the city alleging officers in 2022 ruined his professional basketball career when they fractured his knee with a baton.
Dakarai Allen, a former NBA G League player, filed the lawsuit earlier this week against the city of Elk Grove and four Elk Grove police officers. The G League is the NBA’s official minor league, according its website, preparing players, coaches, officials, trainers, and front-office staff for the NBA while acting as the league’s research and development laboratory.
The incident occurred around 11 p.m. on Oct. 14, 2022, when Allen, 27 at the time, was driving to his Elk Grove home after a work event where he drank two glasses of wine, the lawsuit stated. He realized he should not be driving, so pulled over to sleep in his car in a residential area close to his home. Residents called police, and officers Sean McPherson and Evan Kwan arrived and woke Allen, who is Black.
According to video footage reviewed by Allen’s attorneys, the officers announced themselves, then opened the car door and pulled him out of the car, stood him up against the side of his car, handcuffed him, then slammed him against the car, the lawsuit stated. They then took him down so his face hit the cement. On the way down, McPherson accidentally tripped on Allen’s legs, causing both Allen and McPherson to fall.
“Agitated, Officer McPherson delivered two forceful baton strikes to Mr. Allen’s right leg, fracturing his knee in three places,” the lawsuit stated. “Mr. Allen immediately yelled out in agony from the pain. Fearing for his life and safety, Mr. Allen attempted to lay prone.”
Allen still walks with a limp and the injury has prevented him from continuing his professional basketball career, said Christopher Dean, his attorney.
“The baton strikes basically shattered our client’s promising future to be in the NBA G league as well as prospects of going to play overseas,” Dean said. “He has attempted to return back to the league but he has not been able to perform to the necessary duties of standing on his feet too long or jumping or going back and forth on the court. He was not able to fully function to full capacity.”
City of Elk Grove spokeswoman Kristyn Laurence did not return messages seeking comment on the lawsuit. Nor did the officers. An Elk Grove Police Department spokesperson declined comment.
According to a state law — aimed to increase police transparency, especially in incidents involving people of color — if officers cause serious bone fractures, law enforcement agencies are required to release video and records regarding the incidents within 45 days, attorney David Loy of the First Amendment Coalition said.
Unlike the Sacramento Police Department and Sacramento Sheriff’s Office, the Elk Grove Police Department does not have a website where it posts videos and records for such incidents. The department has not yet responded to a request The Sacramento Bee made under the California Public Records Act Wednesday for the material.
“It’s common for police departments to withhold information when they’re trying to withhold the truth,” Dean said.
Career-threatening incident
At the time of the police injury in 2022, he was off, but was planning to return to playing, Dean said.
“He was wanting to either return to G League or go overseas to play in an international team,” Dean said. “Those economic opportunities are no longer available to him — someone who had a promising future in basketball”
Allen last played for the NBA G League Ignite during the 2021-22 season where he played alongside fellow Sacramento native Malik Pope. In 24 games, Allen averaged 4.5 points, 2.1 rebounds and 1.2 steals per game in 20.4 minutes.
Prior to signing with the Ignite team, Allen signed with the Salt Lake City Stars for a second time. He first signed with them after going undrafted in the 2017 NBA Draft, following a successful local tryout.
Things began to click for Allen when he went on to play for the Agua Caliente Clippers , when they played in Ontario, in 2018. He scored a career high 22 points against the Northern Arizona Suns on Feb. 11.
The following season he was traded to the Grand Rapids Drive, now named Gold, where he went on to average 7.9 points, 3.2 rebounds and 2.6 assists per game.
Prior to the G League, Allen played four years at San Diego State under legendary coach Steve Fisher where he carved out a solid collegiate career averaging 8.3 points, 4.2 rebounds on 52.6% field goal shooting his senior year.
By his final collegiate year, Allen was known for his defensive persistence, as he used his 7-foot-1-inch wingspan to help him take the ball from opponents averaging 1.3 steals and 0.8 blocks at his 6-foot-five-inch frame, an effort good enough to earn him Mountain West Defensive Player of the Year.
Before stifling opponents in college, Allen terrorized players on the hardwood for four years as a varsity starter at Sheldon High School. Allen, who was known as a high-flying, versatile scorer in high school, is a former Bee Player of the Year recipient (2013) and was named to the Bee’s All-Decade team.
Allen is now working as a teacher’s aide, Dean said.
The excessive force lawsuit was filed by the law office of John Burris, who has filed many police brutality suits across California.
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