Timothy Colomey vs. City of Los Angeles, a municipal entity

Case Background

On January 4, 2021, Plaintiff Timothy Colomey filed an LAPD whistleblower retaliation case in the Superior Court of California, Los Angeles County (Case number: 21STCV00093). Jon R. Takasugi and Kevin C. Brazile presided over this case. This LAPD Whistleblower Retaliation Case involved claims of retaliation against Colomey for exposing misconduct within the LAPD, including the actions of the “SWAT Mafia.

Cause

Timothy Colomey, a dedicated peace officer employed by the Los Angeles Police Department (LAPD) since 1995, exposed unethical practices within the department’s elite Special Weapons and Tactics Team (SWAT). Serving as a Sergeant II + 3 from 2008 until October 2019, Colomey observed a troubling culture of misconduct. A group of officers, self-identified as the “SWAT Mafia,” wielded disproportionate power within the unit. They glamorized the excessive use of lethal force, manipulated promotions to favor their allies, and ostracized officers who prioritized de-escalation or advocated fairness in personnel decisions.

In 2019, Colomey courageously reported these systemic issues to Internal Affairs, detailing how the “SWAT Mafia” undermined the department’s integrity and violated local, state, and federal laws. His disclosures included instances of unlawful force, violations of departmental policy, and nepotism within the promotion and selection processes. Despite his efforts to seek reform, high-ranking LAPD officials retaliated against him, turning his once-honored career into a hostile work environment and forcing him out of SWAT. This LAPD whistleblower retaliation case highlights a pattern of systemic police corruption and misconduct that Colomey bravely exposed.

Injuries

As a result of the LAPD’s retaliatory actions, Colomey suffered severe emotional and professional injuries. He experienced anxiety, humiliation, grief, and distress due to ongoing harassment and ostracization. His reputation within the department deteriorated, with colleagues labeling him an “enemy” for exposing corruption within the “SWAT Mafia.”

These actions compromised his safety during high-risk operations, where mutual trust among team members was critical. Colomey’s ability to advance his career or secure coveted positions in law enforcement suffered greatly. The retaliation damaged his standing as an officer, creating a toxic work environment that ultimately jeopardized his mental and physical well-being, further exacerbating the issues within the LAPD’s culture of police corruption.

Damages

The retaliatory actions inflicted financial and career-related harm on Colomey. After being pressured to leave SWAT, he was transferred to the Bomb K-9 Division at Los Angeles International Airport (LAX) under the guise of an administrative loan, which carried a stigma of punishment within the department. This transfer significantly reduced his responsibilities and income while imposing a lengthy commute from his home in San Bernardino County. Colomey lost opportunities for overtime, on-call pay, and pension contributions.

The department’s actions forced him into early retirement under the Deferred Retirement Option Plan (DROP) in September 2020. His financial stability, career trajectory, and professional reputation were irreparably damaged as a result of the LAPD’s conduct, rooted in retaliation against his whistleblowing efforts to expose police corruption and the actions of the “SWAT Mafia.”

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Timothy Colomey
    • Counsel for Plaintiff: Gregory W. Smith | Diana Wang Wells | Leila K. Al Faiz
  • Defendant(s): City of Los Angeles, a municipal entity
    • Counsel for Defendants: Christopher Cianci | Audrey Egan |  Athalia Isabel Magana | Jenny Jae Yu

Key Arguments or Remarks by Counsel

In his opening arguments, Colomey’s attorney Greg Smith said that police leaders sought at all costs to protect the image of SWAT, which he called “the crown jewel of the Los Angeles Police Department.”’

Christopher Cianci, an attorney hired by the city of Los Angeles to argue on its behalf, painted Colomey as a bitter and headstrong officer on a downward spiral who lashed out at former friends who tried to help him. Cianci called the former SWAT sergeant’s whistleblower claim the act of a desperate man trying to take his colleagues down with him as he himself came under investigation.

Claims

Colomey filed a whistleblower retaliation lawsuit against the City of Los Angeles, alleging violations of California Labor Code § 1102.5 and related statutes. He argued that his reports of misconduct to Internal Affairs exposed serious breaches of departmental policy and the law, yet the LAPD retaliated instead of addressing these issues. Senior officials dismissed his complaints, failed to protect him from retaliation, and actively discouraged him from pursuing justice.

The lawsuit detailed a series of adverse actions, including a hostile work environment, administrative transfer, and career stagnation. Colomey sought compensatory damages for lost earnings, emotional distress, and reputational harm. He also sought legal fees and injunctive relief to prevent future retaliation. By filing this lawsuit, Colomey aimed to hold the department accountable for its systemic failure to address corruption. His focus was on the toxic culture within the LAPD, particularly the SWAT Mafia. He highlighted their role in perpetuating police corruption and obstructing efforts to protect whistleblowers.

Defense

The City of Los Angeles denied all allegations made by Timothy Colomey in his complaint. They asserted that it did not retaliate against Colomey and claimed that all personnel decisions were legitimate, non-retaliatory, and aligned with the operational needs of the LAPD. Additionally, they argued that Colomey retained his rank and pay, and his transfer to the Bomb K-9 Division occurred at his request and was not punitive.

Further, the City raised multiple affirmative defenses, including claims that Colomey’s lawsuit failed to state a valid cause of action and that his allegations fell outside applicable statutes of limitations.

The City asserted that Colomey did not comply with procedural requirements under the Government Claims Act. It argued that any decisions regarding his employment fell within its discretion and were made in good faith. The City also invoked statutory immunities, claiming it could not be held liable for discretionary acts or actions taken to enforce the law.

Additionally, the City contended that it would uncover evidence during discovery showing Colomey engaged in conduct justifying its decisions. This conduct, it argued, was independent of his alleged protected activities. The defense requested dismissal of the complaint, recovery of costs and attorney’s fees, and any other relief deemed appropriate by the Court.

Jury Verdict

On December 4, 2024, the jury found in favor of Timothy Colomey, determining that the City of Los Angeles retaliated against him for whistleblowing. The jury affirmed Colomey’s claims under whistleblower protection law. They awarded him $3.5 million in damages for lost wages, career setbacks, emotional distress, and reputational harm in the LAPD Whistleblower Retaliation Case.

Court Documents:

Documents Available for Purchase upon Request

 Press Release:

https://www.latimes.com/california/story/2024-12-04/lapd-swat-mafia-trial-verdict