Dread Pirate #BrettKimberlin and Appeals

It’s being noised about that TDPK has won the Virginia Walker v. Kimberlin, et al. lawsuit because Judge Potter has dismissed the case. Perhaps he will win in the end, but it isn’t over yet. Dismissals can be set aside in a number of ways.

One way is to move, as Aaron Walker has, for some sort of reconsideration by the judge of his own ruling. Such motions have a very low success rate, but they’re a part of the process.

Another way is to appeal the dismissal to a higher court. This can result in the lower court being ordered to reopen the case. One example, albeit unsuccessful, of an appeal of a dismissal is Kimberlin and Rice v. U. S. Department of Justice, 318 F.3d 228 (2003). In that case, TDPK sued the Bureau of Prisons for the right to have an electric guitar while in federal prison. Congress had passed a law banning inmates from possessing such musical instruments. The District Court dismissed (in part) the lawsuit, and the Circuit Court sustained the dismissal on appeal.

As I posted a some days ago, TDPK has won Round One, but the fight isn’t over yet.

Stay tuned.

2 thoughts on “Dread Pirate #BrettKimberlin and Appeals

  1. Pingback: Obesity? Oh, that's not your fault, either. Blame this Bacteria! - Lowering the Boom

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