2 thoughts on “Walker v. #BrettKimberlin Hearing Transcript

  1. “In view of the fact no compensatory damages are sought, there can be no showing of irreparable harm in the allegations set forth in the complaint or any showing that the Plaintiff would not have an adequate remedy of law or a claim of merit”

    Well, that’s just wrong. You don’t need to claim compensatory damages in order to show that you don’t have an adequate remedy of law. In fact, claiming compensatory damages is evidence that you DO have an adequate remdedy of law – the law can give you money instead of an injunction.

    It’s clearly evident that the judge bought Kimberlin’s BS hook, line and sinker. This case didn’t stem from Kimberlin’s motion in the Allen case (perjury from a terrorist, perjurer, and alleged pedophile? Who would have thought!). It stemmed from Kimberlin’s harassment of AW.

    I’m disappointed that the case got dismissed. I’m even more disappointed by the judge’s poor reasoning. Especially the parts where he summarily dismissed claims based on venue and jurisdiction.

  2. After a bit of googling I found this case that I find relevent:

    Quigley v. Rosenthal

    http://www.techlawjournal.com/topstories/2003/20030422.asp

    The essential facts are that a pair of neighbors entered into an extremely bitter feud. One of the parties used a wireless handset that the other party surreptitiously recorded. Having thought to have uncovered a silver bullet of “anti-Semitism” the snooping neighbor involved the ADL which widely publicized the contents of the neighbor’s personal phone calls.

    Turns out that it was illegal to intercept private phone calls. The ADL was sued under the assumption that they ought to have known that the recordings were illegal, and, therefore, illegal to possess or publicize. The ADL was order to pay $1.6 million in damages. [So much for the arguments against private actions for criminal acts.]

    The case is an example of how the system is suppose to work. People engaged in bitter feuds are, nevertheless, expected to prosecute their differences in a lawful manner. When one of the parties crosses the line of legality the police and/or the courts are suppose to intervene. Courts that don’t want to involve themselves in such disputes are simply shirking their responsibilities.

    Brett Kimberlin crossed that line on several occasions. The most eggregious was when he filed a police report claiming that Aaron Walker had “decked” him twice. That was as “outrageous” as an act can be. It was a complete fabrication. Aaron Walker was arrested as a result. That causes severe emotional distress among most middle-class people whose interaction with the criminal justice system is usually limited to traffic court.

    If I had filed an appeal I would have argued that Kimberlin was a public figure who sought notoriety for himself, and his crimes, but, nevertheless, felt victimized by anything other than fawning coverage in the media. Instead of respecting the rights of others to report truthfully and accurately about him, he chose to engage in a systematic pattern of harassment with the intent of chilling free speech. That was inherently “outrageous.”

    I would then argue that any tortous act, however minor, should be considered by the court to be “outrageous” because it was part of a pattern of conduct that was clearly “outrageous.”

    I would then note how Kimberlin was suspected by the police of attempting to frame Jack Crosby for the murder of Julia Scyphers by claiming to them that Crosby buried the murder weapon in his backyard, and how as an inmate he was reported by fellow inmate as soliciting that fellow inmate to obtain comproming photographs of his prosecutor. I would argue his attempt to frame Aaron Walker for aggravated assault, and, have a Maryland court silent Aaron Walker are part of a lifelong pattern of attempting to persecute his enemies under the color of law while posturing as playing by the rules.

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