Late yesterday evening, I posted TDPK’s Motion to Dismiss in the federal Walker v. Kimberlin, et al. lawsuit. It’s somewhat better written than his previous filings in the Virginia case, so much so that one almost wonders if he had the help of a real lawyer putting it together. Of course, a real lawyer would have known better than to include sealed documents from other cases.
<fisking>TDPK includes a Statement of Facts. Let’s begin examining his “facts.”
Plaintiff assaulted Plaintiff [sic] and then harassed him after he sought protection from the State Court.
I think he meant to say that Plaintiff assaulted Defendant, but that is no more true than what he wrote. You can look at video of the incident here. If, after seeing the video, you believe that TDPK was assaulted, I have a bridge you may be interested in. As for the claim that TDPK was harassed, here’s Judge Rupp’s take on the matter:
Based upon everything that I have reviewed, these are blogs or tweets that Mr. Walker has issued that this, I’m not satisfied has been directed directly to Mr. Kimberlin. They’re about Mr. Kimberlin and about his opinion concerning what he believes Mr. Kimberlin has done that impacts him. But I do not find that there is sufficient evidence to support harassment that would permit the issuance of a peace order.
Accordingly, I am going to deny the request for a peace order.
We have what seems to be a thoroughly bogus claim that doesn’t appear to be supported by the facts. There’re plenty of other misleading statements in TDPK’s Statement of Facts. We will be examining a few over the next few posts.</fisking>
<mockery>The level of fact-twisting in this stuff goes well beyond the normal cherry picking of information one finds in this sort of motion. This is why I believe that TDPK is still acting pro se. When a member of the bar files a document with the court, it is assumed that he is being honest. A willful lie on such a filing could cost a lawyer his license to practice. I really don’t believe that a lawyer would be willing to risk his career on the sort of stuff TDPK is filing.</mockery>
And stay tuned.