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Kate Wells

 

Chief Legal Counsel
 

kate@CopperCards.com

 

 

 

INTRODUCTION:

Under the guise of increased safety, the government has steadily and continuously charged forward in their goal to curtail the civil rights of individuals by flouting the liberties guaranteed to individuals in the Constitution. The courts have played a major role in facilitating such inroads into such freedoms. As a sole practitioner civil rights attorney for the past 26 years, Ms. Wells has fought the trends and represented the rights of such varied groups as the bikers, the homeless,and medical marijuana advocates, as well as those who are victims of law enforcement abuse. She specializes in 1st, 4th, 5th, and 8th amendment cases.

Ms. Wells has also been successful in prosecuting several constitutional challenges to laws and ordinances enacted in California. The government sets precedents by passing laws against groups who are powerless or unpopular and then uses these legal precedents against others. It is her goal to educate the populous and arm the people with the ability to fight back through the use of the Civil Rights Act, Title 42, Section 1983 of the United States Code, to sue the government for their unconstitutional acts and laws.

 

KEY EXPERTISE:
  • In depth knowledge gained from decades of prosecuting lawsuits against local, state and federal government.
  • Expertise in the history of the Constitution and its precedents.
  • Strategic mastery in handling cases based on the Constitution.
  • Passion for justice and individual rights.

 

EXAMPLES OF PAST PROFESSIONAL EXPERIENCE:

* Attorney in Independent Practice: Helmet Law found Unconstitutional
Successfully obtained a judgment in 2007 in Santa Cruz Superior court declaring the motorcycle helmet law unconstitutional as applied by law enforcement (specifically the California Highway Patrol) in California. (Said decision was recently overturned by the 6th District California Appellate court).

*  Attorney in Independent Practice: First Amendment suit against Sheriff of Santa Cruz County
2005 As a result of a First Amendment lawsuit filed against the Sheriff of Santa Cruz County, Mark Tracy, on behalf of Richard Quigley, the sheriff resigned from office in 2005.

*  Attorney in Independent Practice: Baldwin v. Placer County
2003-2005 Represented the successful appellees in a published Ninth Circuit decision in the case of Baldwin v. Placer County, 405 F.3d, 778 - a case involving the violation of her clients’ 4th Amendment rights to be free from unlawful arrest, unlawful search and seizure and excessive force stemming from a medical marijuana raid by the Placer County Sheriff’s Office. Also successful in defeating a Writ of Certiorari filed in the United States Supreme Court by the losing appellants.

The result is a citeable precedent that limits the availability of the qualified immunity defense for law enforcement officers.

*  Member: Board of Directors of the Western Service Worker's Association.
Ms. Wells sits on the Board of Directors of the Western Service Worker’s Association. 2002

*  Activist: Medical Marijuana Movement
1994 Active in the medical marijuana movement from its inception in California, representing provider associations when they became the subject of civil injunctions by the federal Drug Enforcement Agency.

*  Member and Chairman: Board, Soquel Unified School District
1984 Elected to Soquel Unified School District Board of Directors and was reelected to 4 - 4 year terms serving as chair of the Board 8 times.

*  Attorney in Independent Practice: Constitutional Challenge
Successfully challenged the constitutionality of three Santa Cruz city ordinances - 1) requiring a license to distribute the homeless newspaper – Street Spirit; 2) making it unlawful to sit on the sidewalk; 3) various anti-panhandling ordinances 1984-1990

*  Educator: National Coalition of Concerned Legal Professionals (NCCLP)
Educated individuals on their civil rights, providing free legal sessions for farm workers and other low income workers not covered by the NLRB through the Western Service Worker's Association, a group which is affiliated with the National Coalition of Concerned Legal Professionals.

*  Plaintiff: Bank of America
Successfully acted as plaintiff in the largest class action sex discrimination case in history representing 25,000 women employees of Bank of America. (Wells v. Bank of America),

*  Credit Analyst and Supervisor Bank of America International
Represented B of A Latin American accounts.

 

QUALIFICATIONS:

·         Federal Bar
- Ms. Wells is admitted in good standing to practice in the Northern, Eastern, Central, and Southern United States Federal District Courts of California; the Federal Ninth Circuit Court of Appeals; the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.; and the Supreme Court of the United States.

·         California Bar
- Ms. Wells is admitted in good standing to practice in all courts in the State of California

·         B.A. Law
Graduated with highest academic honors
- Monterey College of Law 1982

·          B.A. in Diplomacy & World Affairs
- with minors in Economics and Spanish.

·         Continued Legal Education
- Successfully completed more than 100 courses in continued legal education.

·         Member: NCCLP

 

AWARDS & HONORS:

·         Pro Bono Attorney of the Year Award: Santa Cruz County Bar Association.
1997 – For outstanding service to the community

·         American Field Service Foreign Exchange Student
- Lived and attended school in Chile for a year becoming fluent in Spanish.

·         Academic honors from high school, college and law school.
- Occidental College in Los Angeles

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