In Defendant Kimberlin’s Reply to Plaintiff’s Opposition to Motion to Dismiss filed in the federal Walker v. Kimberlin, et al. civil suit, TDPK makes a number of assertion that fly in the face of the facts and the law.
<fisking>For example, in paragraph 5 we find this:
5. Plaintiff falsely asserts that Defendant has filed more than 100 frivolous lawsuits.
TDPK has bragged about filing more than 100 lawsuits. According to Mark Singer’s book Citizen K, Brett Kimberlin had filed that many suits before his first release on parole. As for their frivolity, one example of his litigation was a suit against a porn company whose material he deemed to be insufficiently titillating.
7. Plaintiff argues that this Court must accept his allegations as true even if they are false when ruling on the Motion to Dismiss. This is absurd.
TDPK may think it absurd, but that’s the way the Federal Rules of Civil Procedure and the case law stand. The standard for going forward on a complaint is pretty loose, at least according to the Supreme Court.
Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).
See Bell Atlantic v. Twombly 550 U.S. 544, 127 S.Ct. 1955 (No. 05-1126) (2007).</fisking>
<mockery>Hmmmmm. Is there a pattern in all these court filings?
In paragraph 7 TDPK is essentially complaining that the court might follow the Rules of Civil Procedure and the law rather than his wishes. Similarly, his appeal of his first peace order attempt against Aaron Walker asked the Maryland Court of Appeals to dispense with the presumption of innocence and the Rules of Evidence and require Mr. Walker to prove a negative rather than require TDPK to prove that he was entitled to a peace order.
Most of us outgrow such a sense of entitlement well before we become adults. OTOH, that sort of childish arrogance fits with the immature comments being tweeted by Team Kimberlin.</mockery>
We are a nation ruled by laws and not by men. That has profound meaning across all of our society. TDPK simply cannot be permitted to make his own rules. Perhaps we will begin to see him brought to account in the hearing next Tuesday.
Tick, tock, tick, tock, …