Biography

EMPLOYMENT

In this day and age, representing government and business requires knowledge of employment law. Kathy defends employers in claims made under Title VII, the Americans with Disabilities Act, retaliation, discrimination, harassment, wrongful termination, and breach of contract claims before various state and federal courts and government agencies.

ACHIEVEMENTS

Because results matter, Kathy’s achievements include three times obtaining one of the top ten civil defense verdicts in the State of Arizona– in Remato v. City of Phoenix (2012), a wrongful death action arising out of an officer-involved shooting, and Yanovksaya v. State of Arizona (2013), a road design cable median barrier freeway crossover case, and in Fuciarelli v City of Scottsdale (2017), a wrongful detention and excessive force case. In Lewis v. Casey, she successfully defended the Arizona Department of Corrections in a case that eventually ended up before the Supreme Court of the United States. That landmark decision led to sweeping changes in the requirements governing inmate access to the courts and was recognized in 2013 by Arizona Attorney Magazine as one of the top 50 significant Arizona cases in the last 100 years.

Kathy has gone up against the finest lawyers, and has earned a reputation as a lawyer to be feared and respected in the courtroom.

As the daughter of a career military officer, and the wife of a retired Naval Officer, Kathy understands service, honor and the sacrifice made by others. Happily married for over 33 years, and as a mother of three boys, Kathy brings compassion to her work and the knowledge that hard work and dedication are the price of admission.

RECOGNIZED ELITE TRIAL LAWYER

Her ticket has certainly been punched when she was selected as a Fellow of the International Academy of Trial Lawyers (IATL). The IATL is a group of elite trial lawyers representing plaintiffs’ and defense counsel in civil litigation, as well as prosecutors and criminal defense attorneys. The standards for admission are exceptionally high and Fellowship is by invitation only, limited to just 500 active trial lawyers from around the world. Kathy’s selection was made after an extremely comprehensive vetting and screening process by colleagues and judges.

In further recognition of her accomplishments, professionalism, and legal skills, Kathy has received numerous distinctions and honors, including being named to the list of Southwest Super Lawyers by Super Lawyers Magazine (2015-2021), achieving AV® Preeminent™ Peer Review Rating by Martindale-Hubbell, and being accepted as an Advocate in the American Board of Trial Advocates for her extensive trial experience. She is a Member of the Federation of Defense and Corporate Counsel, and was selected to the 2018 edition of The Best Lawyers in America© for her accomplishments over the past 31 years representing defendants in personal injury litigation. Selection for Best Lawyers© is a nomination and peer reviewed process, designed to yield only the top 5% of the lawyers in each state.

LAW ENFORCEMENT TRAINER

Kathy is a recognized trainer of law enforcement agencies, conducting training in areas of all aspects of use of force, law enforcement interaction with the mentally ill, law enforcement use of social media, and law enforcement obligations under the ADA.

To contact Kathy, please call 602-715-1871 or email kwieneke@wienekelawgroup.com

Representative Experience

• Lewis v. Casey, 518 U.S. 343 (1996) (Counsel of Record) (Lead Trial Counsel)
• Smith v. City of Chandler, No. CV-12-02391-PHX-FJM (D. Ariz. February 2017) (excessive force, bean bag shooting, defense verdict)
• Fuciarelli v City of Scottsdale, No. CV-14-01078-PHX-GMS (D. Ariz. April 2017) (excessive force, wrongful detention, defense verdict)
• Elgamal. et al. v. Bernacke, et al., No. 2: 13-CV-00867-DLR (D. Ariz. July 14, 2016) (Plaintiffs’ attempts to obtain permanent resident status Bivens action, Motion for Summary Judgment granted).
• Hogue v City of Phoenix, et al., Maricopa County Superior Court, No. CV2010-092705 (Feb. 19, 2014) (Police/Crime Lab failure to arrest Baseline Killer, Motion for Summary Judgment granted), aff’d, No. I CA-CV 15-1051, 2016 WL 3884919 (9th Cir. July 14,2016)
• Terry, et al. v. Newell, et al., No. CV-12-02659-PHX-DGC, 2013 WL 6048914 (D. Ariz. Nov. 15, 2013) (“Fast and Furious case” Bivens action, Motion to Dismiss granted), aff’d, No. 14-15284, 2016 WL3450293 (9th Cir. June 23, 2016)
• Corrales v. Impastato, No. CV11-00287-PHX-ROS (D. Ariz. Mar. 12, 2013) (Police shooting, Motion for Summary Judgment granted; aff’d,  No.  14-15122, 2016WL 3033326 (9th Cir. May 27, 2016)
• City of Phoenix v. Ronan, No. 1 CA-SA 13-0009, 2014 WL l 233668 (App. March 25, 2014) (False arrest, Motion for Summary Judgment granted)
• Fernandez v. Virgilio, No. 2:12-CV-02475-JWS, 2014 WL 2930749 (D. Ariz. June 30, 2014)
• Yanovskaya v. State of Arizona, Maricopa County Superior Court, No. C\/2008-051113 (Feb. 7, 2013) (median barrier crossover, defense verdict)
• Stadler, et al. v. City of Phoenix, No. CV10 -01072-PHX-SRB (D. Ariz. Dec. 10, 2012) (Police chase – ADA, Motion for Summary Judgment granted)
• Marquez v. City of Phoenix, No. CV-08-1132-PH:X-NVW, 2010 WL 3342000 (D. Ariz. Aug. 25, 2010), aff’d, 693 F.3d 1167 (9th Cir. 2012) (Taser Deployment, Excited Delirium, Motion for Summary Judgment granted)
• Remato v. City of Phoenix, No. CV09-2027-PHX-FJM (D. Ariz. Sept. 30, 2011) (Police shooting, defense verdict)
• McDonald v. Corr. Corp. of Am., No. CV-09-00781-PHX-JAT, 2011 WL 109082 (D. Ariz. Jan. 12, 2011) (Employment ADA, Motion for Summary Judgment granted)
• Robinson v. City of Phoenix, No. CVI0-1044 PHX DGC, 2010 WL 4054167 (D. Ariz. Oct. 15, 2010) (Employment termination, Motion for Judgment on the Pleadings granted)
• Lacy v. County of Maricopa, 631 F.Supp.2d 1183 (D. Ariz. 2008) (False arrest, Illegal Interrogation, Motion for Summary Judgment granted)
• Kohl v. City of Phoenix, 215 Ariz. 291 (2007) (Road design immunity)
• August v. City of Phoenix, No. CV03-01892-PHX-ROS (D. Ariz.) (Excessive force, defense verdict)

Professional Associations & Memberships and Awards

• Member, State Bar of Arizona (Executive Council, Trial Practice Section)
• Member, Federal Bar Association
• Member, Maricopa County Bar Association
• Member, Arizona Public Risk Management Association
• Member, Arizona Association of Defense Counsel
• Member, Arizona Women Lawyers Association
• Member, Federation of Defense & Corporate Counsel Member,
• Member, Defense Research Institute
• Fellow, International Academy of Trial Lawyers
• American Board of Trial Lawyers
• Southwest SuperLawyers
• Best Lawyers in America© 2018, Defendants Personal Injury Litigation
• AV® Preeminent™ Peer Review Rating by Martindale-Hubbell
• Arizona’s Finest Lawyers, Founding Member
• Judge Pro Tem Maricopa County Superior Court (inactive) Judge Pro Tem Yavapai County Superior Court (inactive)
• Faculty, Arizona State Bar Trial College

Presentations / Training

• Presenter, “Case Law Update Game Show: How Well Do You Know the Law?” Arizona Public Managers’ Association (PRIMA) Summer Education Series, June 29, 2022.
• Presenter, “Innovation in Government: Drones,” Arizona Public Risk Managers’ Association (PRIMA) Quarterly Meeting, February 10, 2022.
• Presenter, “The Public Safety Response to the Mental Health Crisis,” Arizona Public Risk Managers’ Association (PRIMA) Summer Education Series, July 26, 2018.
• Presenter, “Civil Rights Litigation”, Video Webcast, National Business Institute, February 15, 2018.
• Presenter, “Public Agency Defenses” 2017 NACE/AACE Western Region Conference, November 16, 2017.
• Trainer, “Legal Update: Use of Force with the Mentally Ill,” Scottsdale Police Department CIT Training, October-November 2017.
• Presenter, “Police Officers and Social Media Use: Critical Legal Essentials,” National Business Institute, October 16, 2017.
• Presenter, “Equal Opportunity Overview and Risk Control,” Arizona Public Risk Management Association, September 21, 2017.
• Presenter, “The Road to Liability:  A Road Less Travelled,” American Council of Engineering Companies of Arizona Roads and Streets Conference on April 13, 2017.
• Trainer, “Defending Police Use of Force Cases -When Is Enough, Enough?” for the Chandler Police Department on November 2, 2016.
• Presenter, “Making Social Media Work for You in Discovery,” for the City of Scottsdale, October 25, 2016.
• Presenter, SWL Presents, “Discovery: The Hunt for Hidden Treasures,” September 1, 2016.
• Presenter, Arizona Public Risk Management Association Summer Education Series: Case Law Update, 2016.
• Presenter, Arizona Counties Insurance Pool’s Nineteenth Annual Public Practice Legal Seminar/HR Summit, “Communication: How to Make a Difference in the Courtroom, Boardroom, Mediation Conference Room and in Deposition,” 2016.
• Trainer, Arizona Homicide Investigators Association, “Liability and Practical Tips for Investigators,” 2015.
• Presenter, Arizona Counties Insurance Pool’s Eighteenth Annual Public Practice Legal Seminar/HR Summit, “Defending Catastrophic Claims Does Not Need to be a Catastrophe,” 2015.
• Trainer, Arizona Homicide Investigators Association Advanced Homicide Training, “Liability for Investigators and What the ME May be Missing,” 2015.
• Trainer, Arizona Department of Public Safety, Special Investigations Unit, “Liability and Practical Tips for Investigators,” 2015.
• Presenter, Struck Wieneke & Love, LLC, “Thinking Strategically about Deposition Preparation,” 2014.
• Presenter, International Association of Chiefs of Police (IACP), “Police Litigation from the Trial Attorney Perspective,” 2014.
• Presenter, National Tactical Officers Association Quarterly Negotiator Training, “Law Enforcement: Use of Force and the Mentally Ill,” 2014.
• Presenter, Arizona Tactical Officers Association, “Law Enforcement and the Mentally Ill,” Surprise, Arizona, 2014.
• Presenter, Arizona Counties Insurance Pool’s Fifteenth Annual Public Legal Seminar, “Law Enforcement and the Americans with Disabilities Act,” 2012.
• Presenter, The Lorman Institute, ” Defending Police Shootings and Pursuits,” 2011.
• Presenter, Federation of Defense & Corporate Counsel Winter Meeting, “Trial Master’s Program: 100 Days Before Trial,” 2011.
• Presenter, Public Practice Legal Seminar, “Litigation Holds – To Preserve or Not to Preserve, That Is the Question,” 2010.
• Presenter, Arizona School Boards Association’s Annual School Law Conference, “So You Have Been Sued?: Email, Public Records and Litigation Holds in a K-12 Environment,” 2008.
• Presenter, State Bar of Arizona’s Basic Trial Skills Series, ” Jury Voir Dire and Opening Statements,” 2008.
• Presenter, Federation of Defense & Corporate Counsel Convention, “Guns, Law Enforcement and the ADA: A Recipe for Disaster?” 2007.

Publications

• Mary Massaron & Josephine Antonia Delorenzo, eds., Sword and Shield: A Practical Approach to Section 1983 Litigation, Chapter 7: The Fourth Amendment, April 2021 (5th Ed.).
• Co-Author, “Managing the Risk of Unmanned Air Vehicles,” Public Risk Magazine,  January 2018.