Bay Area Rapid Transit (BART)

Independent Internal Affairs Investigation of New Year's Day Shooting

Meyers Nave conducted an independent internal affairs investigation of the BART Police officers involved in the New Year's Day officer-involved shooting at Fruitvale Station.

Although, internal affairs investigations are typically conducted by the internal affairs divisions of police departments, BART retained Meyers Nave, because of our extensive experience in investigating police conduct.  Our report examined whether the actions of officers on the platform violated BART Police policies and procedures and made recommendations regarding department policies, procedures or practices.

This complex investigation led by chief investigator Kim Colwell included exhaustive interviews with dozens of witnesses and review of thousands of pages of transcripts of witness testimony. A detailed and systematic report of our investigation results and recommendations were delivered to BART.

BART Board Member Carole Ward Allen, who also chaired the Board of Directors BART Police Department Review Committee stated,  “We view this report as a very valuable tool that will help us to improve BART's efforts to keep our system safe for all riders while helping to prevent such incidents in the future."

Status

Status: Completed
Completed Date: August 2009

Attorneys

Arthur A. Hartinger
Arthur A. Hartinger
Principal
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Art Hartinger is one of California’s leading labor and employment attorneys.  He represents public and private clients in complex state and federal litigation pertaining to all types of labor and employment issues, including California and U.S. Constitutional Law, the Fair Labor Standards Act (FLSA),Title VII, Title IX, the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).

Jayne W. Williams
Jayne W. Williams
Principal
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Jayne Williams is an acknowledged expert in all aspects of the representation of elected and appointed public officials and public agencies.  Through her career as a practicing public lawyer and leader, Jayne has gained extensive experience and expertise in strategic planning, innovative public project initiatives, and managing and coordinating attorneys throughout complex legal transactions and civil litigation.

Kim E. Colwell
Kim E. Colwell
Principal
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Kim Colwell handles torts, civil rights, employment, land use and contract disputes.  She also handles many cases for the Judicial Council of California, representing judges, appellate court justices and court employees in Northern California. Kim has conducted over 75 trials at both the Federal and State level involving civil rights violations, employment discrimination allegations, and Americans with Disabilities Act (ADA) claims.