GILBERTSONInvestigations Inc. (239) 571-1840
Gilbertson Investigations Inc. · Washington Casework · Seattle and King County

Seattle and King County,
Civil Rights Claims and Criminal Defense

$42M
Plaintiff settlements & judgmentsSecured by retaining counsel in matters since 2014 · See the case file

Direct line: (239) 571-1840  ·  GregoryGilbertson@proton.me

Attorney and law-firm inquiries only

Use of force · Police practices · Homicide defense · State & Federal Courts

Before retaining, Seattle counsel can check whether the expert has worked King County and in which courts. The answer runs on two tracks. Professor Gilbertson has been retained in civil rights claims against King County, the City of Seattle and other King County cities, and in criminal defense cases in King County Superior Court.

From the Bench
U.S. District Court Western District of Washington

Ruling on a motion to exclude his testimony in Alvarez v. King County, No. C16-0721RAJ, 2017 WL 3189025 (W.D. Wash. July 27, 2017), Judge Richard A. Jones entered the following opinion.

“Mr. Gilbertson’s qualifications demonstrate extensive experience in policing. His expansive work as a police officer in Georgia, with assignments as a SWAT team officer, juvenile court investigator, school resource officer, stakeout squad officer, senior patrolman, and patrolman; then a career as a tenured college professor and university lecturer teaching criminal justice courses to degree-seeking students at colleges and universities, and as a licensed private investigator conducting felony pretrial investigations for attorneys in Washington State in dozens of criminal cases, makes him unique in the field of police expert witnesses. The Court finds that, based on his experience, Mr. Gilbertson’s testimony can be expected to have a reliable basis in knowledge and experience of police practices.”

The Hon. Richard A. Jones United States District Judge
The King County file

One county, two tracks: civil rights claims and criminal cases.

The practice file places 26 matters in King County, 11 in federal court and 15 in the state courts. Eleven of them are published below with the outcome on the record.

The civil track is Section 1983 litigation. The claims name King County and its sheriff's office, the City of Seattle, and the cities of Federal Way, Renton, Auburn and Bellevue, and they turn on use of force, false arrest, wrongful death and the wider question of police practices. In each one the analysis reads what the officers knew and did against what the agency's own policy and training required of them, which is the ground of excessive force casework wherever it arises.

The criminal track runs through King County Superior Court, and homicide prosecutions are part of it. There the analysis is retained by the defense and turns the other way: it reads the police investigation that produced the charge, from the handling of the scene and the recording of each interview to the video and the reports written about it. That work is set out on the page for homicide defense casework.

The same measure serves both tracks. A Seattle plaintiff's file and a King County defendant's file are set against the same policy, the same training records and the same body of generally accepted police practice, and the report says what that measure shows, whichever side sent the record.

On the Record

The published King County selection.

26King County matters in the practice file
11Federal court matters
15State court matters
$8.7MRecorded recoveries
Matter types in the King County fileUse of force11Police practices6Homicide defense4False arrest3Wrongful death2Police misconduct1Self-defense1Firearms self-defense1Police pursuit1A matter may carry more than one type.
Agencies named in the citationsKing County7City of Seattle5Federal Way2Renton2Auburn2Bellevue1Counted from the citations as filed. A criminal citation usually names the state and the court rather than an agency, and a civil citation may name more than one.
  • Pellum v. King County, No. 2:20CV01033 (W.D. Wash.) (filed July 2, 2020) Excessive Force; 42 U.S.C. § 1983.

    2020Federal courtUse of force$500,000 recovered
  • Taylor v. City of Seattle, No. C18-262 TSZ, 2018 WL 5024029, W.D. Wash. Oct. 17, 2018, 42 U.S.C. § 1983 Excessive Use of Force.

    2018Federal courtUse of force$1.5M recovered
  • Hunter v. City of Fed. Way, No. C16-1445RSL, 2017 WL 6406019, W.D. Wash. Dec. 15, 2017, 42 U.S.C. § 1983 Excessive Use of Force - Trial Testimony.

    2017Federal courtUse of force$640,000 recoveredTrial testimony
  • Hagopian v. Seattle et al, No. 2:15CV01055 (W.D. Wash. June 6, 2016) (42 U.S.C. § 1983, Fourth and Fourteenth Amendments, Assault).

    2016Federal courtPolice practices$100,000 recovered
  • State of Washington v. Poplawski, No. 16-1-07774-5 (King Cty. Super. Ct., filed Nov. 16, 2016) (False Arrest). Acquittal.

    2016State courtFalse arrestAcquittal
  • State of Washington v. Rodney Wheeler¸ No. 16-1-05587-3, King Cty. Super. Ct., filed Oct. 5, 2016, Murder, Second Degree - Acquittal at Trial.

    2016State courtHomicide defenseAcquittal$500,000 civil settlement
  • State of Washington v. Alonzo Briant Price-Holt, 15-1-04606-0 (King Cty. Super. Ct., filed Nov. 24, 2015).

    2015State courtPolice practices$160,000 settlement
  • State of Washington v. Anthony Salanoa Ili, No. 15-1-05244-2 (King Cty. Super. Ct., filed Aug. 13, 2015) (Assault – 3rd Degree, Self-defense) Acquittal at Trial.

    2015State courtSelf-defenseFirearms self-defenseAcquittal
  • Estate of Jesse S. Sarey v. City of Auburn, WA and Officer Jeffrey Nelson, Case No. 19-06470, Excessive Force and Civil Rights Violations.

    State courtUse of forcePolice misconductWrongful death$4.0M recovered
  • Joseph Allen v. City of Auburn and Officer Jeffery Nelson, Case No. 18-11040, Excessive Force.

    State courtUse of force$450,000 recovered
  • Nikita Tarver, Plaintiff, v. city of Seattle and Several Unknown Officers, Defendants, Case No. 2:22-cv-00736-BJR.

    Federal courtPolice practices$825,000 recovered
About this selection. The King County matters above are a selection: civil engagements that produced a recovery for the client, and criminal engagements that ended in the defense’s favor. They are not the complete King County record, and they are not offered as a success rate. Figures are the amounts recorded in each engagement, and citations are reproduced as filed; no result is promised or implied for any other matter. A matter is counted here when its own citation names the place. The state-wide file is on the Washington page, the nationwide selection is on the case history page, and the complete table of cases is provided to retaining counsel on request.
Where it is heard

The courts a King County matter reaches.

Two courts carry most of the King County file, and the citations name both: the Western District of Washington for most of the federal civil claims, and King County Superior Court for the criminal prosecutions. The remaining civil claims sit in the state courts, as the panel above counts them. A retention from either one starts from the same complete record: video, dispatch, the reports, the statements and depositions, the training and discipline files, and the agency's written policy as it stood on the date of the encounter.

One King County matter left a record of its own about the expert. The court's ruling in Alvarez v. King County addressed his background on the record, and the homepage reproduces that ruling in full. Whether testimony comes in, in any particular case, remains retaining counsel's question.

The agencies

Each King County agency, measured against its own policy.

The captions in the King County file name a county sheriff's office and city governments, and each is measured against its own written policy and its own training, never against a neighbor's. What a Seattle officer was taught about a seizure, and what a Renton or Auburn officer was taught, are separate questions with separate answers in discovery. Graham v. Connor fixes the vantage point for every force question among them: what the officer knew at the moment force was used, without hindsight. Medical and scientific questions inside a King County record are left to qualified experts in those fields, on the record, and legal conclusions remain counsel's; the expert addresses police practices.

The state-wide file, with every published Washington result and the record of testimony in Washington courts, is on the Washington casework page.

The Engagement

Retaining from Seattle.

Retaining from Seattle runs exactly as retaining from anywhere else, and the Washington page sets out the engagement in full. In short: it opens with a conflict check, a first inquiry holds the case type and posture, the court and case number, the deadlines and the parties, and nothing privileged travels with it.

After retention the record travels on physical media by mail or courier, depositions are taken by Zoom or a similar platform, and trial testimony runs on the published travel terms. The fee schedule is on the For Counsel page, and the Library note on what to send with a first inquiry covers the first step.

Questions

Counsel ask about King County.

Has Professor Gilbertson worked cases against the City of Seattle and King County?
Yes. The King County file holds claims against both, alongside claims against the cities of Federal Way, Renton, Auburn and Bellevue, and the panel on this page counts the matters that name each agency in the caption. The published results among them are listed with their citations as filed, and the complete table of cases goes to retaining counsel on request.
Does he take King County criminal defense cases as well as civil claims?
Yes. Criminal defense cases in King County Superior Court sit in the same file as the civil rights claims, homicide prosecutions among them. In a criminal case the analysis reads the police investigation for the defense: how the scene was handled, how each witness was interviewed and recorded, what the video shows, and whether the reports agree with it.
Has King County work gone as far as trial testimony?
Yes. Citations in the King County file record trial testimony in the Western District of Washington. Engagements also run short of trial, from a preliminary review of case merit to a written report, a rebuttal or a deposition, and the scope of each one is set with retaining counsel at the start.
Retain

Discuss a Seattle matter.

Attorney and law-firm inquiries only. Conflicts are checked before anything substantive, and you will hear about a conflict immediately.

Counsel inquiry

Outline the Seattle or King County matter below: the court and the case number, the posture, the deadlines ahead and the parties, with nothing privileged.

Inquiry sent.

You will hear back directly. If the matter is urgent, call (239) 571-1840.

(239) 571-1840Direct line, Naples, Florida GregoryGilbertson@proton.meDirect email, prefilled for this matter.
Nationwide practiceRetained in 42 states and D.C. · Based in Naples, FL

Conflicts are checked before any substantive discussion. Please do not send privileged material with a first inquiry; after retention the record is exchanged on physical media. Gregory consults for attorneys and their staff only, and does not provide legal advice or attorney referrals to individuals.