Kim E. Colwell

Overview

Kim Colwell has been practicing law for 23 years, with the last 21 devoted largely to public entity work. She is the firm’s Litigation Manager and chairs the Tort / Civil Rights Litigation Practice Group. She was recognized by the Daily Journal as one of the Top 100 Women Litigators in 2009. During her career, Kim has handled torts, civil rights, employment, land use and contract disputes. She has worked for cities, counties, housing authorities, special districts, school districts and private security companies. She also handles many cases for the Judicial Council of California, representing judges, appellate court justices and court employees all over Northern California.

Kim has conducted over 75 trials. This trial experience includes federal and state cases involving federal and state civil rights violations, employment discrimination allegations and Americans with Disabilities Act (ADA) claims. She has also represented public entities in arbitrations and mediations.

Many of Kim's cases involve police civil rights litigation, and she has developed a statewide reputation for successful representation of police officers and cities in such cases. The range of police civil rights cases she has handled include minor traffic stops, hostage situations, taserings, multiple department shootings and many others. She has handled literally hundreds of police cases, many of which were dismissed through successful motions for summary judgment, frequently by asserting governmental immunities. In cases where summary judgment is not an option and liability is likely, Kim is often able to deal with issues through mediation. In cases where the evidence points to clear liability, Kim works with clients to resolve the cases and make necessary procedural changes to forestall future issues.

Kim recently served as a part of the Meyers Nave team retained by the San Francisco Bay Area Rapid Transit District (BART) to conduct a confidential internal affairs investigation of the officer-involved shooting death of Oscar Grant. This New Year’s Day incident gained public attention throughout the Bay Area and the nation, and sparked protests that extended for a number of weeks following the shooting. The investigation reviewed the actions of the police officers who were involved in the incident to determine any potential misconduct.

She is currently representing the City of Los Angeles in a number of cases. She won a motion for summary judgment in Roberson v. City of Los Angeles; it was argued to the Ninth Circuit with the court upholding the defense verdict. In Davis v. City of Los Angeles, a high-profile shooting case, Kim was retained to represent a police officer who shot a minor. The case settled at numbers favorable to the City. Leonard et al. v. City of Los Angeles and St. Clair-Perez v. City of Los Angeles are state and federal 1983/Racketeer Influenced and Corrupt Organizations Act (RICO) cases involving an officer of the Los Angeles Police Department.

Other high-profile cases handled by Kim include representation of the City of Los Angeles in two employment/civil rights cases arising from the Rampart Scandal in the Los Angeles Police Department’s anti-gang unit. She represented the City in Buchanan v. City of Los Angeles and Liddy v. City of Los Angeles—two complex and high-value cases brought by former officers against the City, the Chief, the former Chief and numerous other officers. The plaintiffs alleged numerous federal and state civil rights violations and brought personal injury (emotional damage) and employment claims. Kim orchestrated a global settlement of these and other Rampart cases for the City, effectively ending the Rampart litigation once and for all.

In addition to police civil rights cases, Kim is also frequently involved in dangerous condition cases, tort and contract litigation. She is practiced in asserting the appropriate immunities and defenses and has been able to resolve many such cases through motions or mediation. She has been lead counsel on complex cases implicating public entities, sometimes involving sensitive cross actions between entities. She understands the budget constraints facing today’s public entities and tries to assert a strong offense or defense while staying aware of the bottom line.

Through her representation of a wide variety of public entity clients, Kim has conducted training, general orders review and systems analysis of police and public works departments. She has also conducted seminars and training sessions on how to avoid claims in the first place, and how to investigate and follow up once a claim is filed. Currently, she is working with some of her existing clients on methods for reviewing and streamlining evidence collection and preservation from the civil litigation perspective.