Team Kimberlin Post of the Day

A month ago on the first of July, there was a hearing before Judge McGann in the Circuit Court for Montgomery County relating to the Kimberlin v. Walker, et al. nuisance lawsuit. Several of the motions heard related to Defendant’s seeking summary judgment in their favor. The judge granted summary judgment in favor of Aaron Walker, Stacy McCain, and me with regard to The Dread Pro-Se Kimberlin’s claim of malicious prosecution.

In order to properly allege that tort, TDPK needed to have evidence that we (1) intentionally instituted or caused to be instituted civil or criminal proceeding against him (2) with no probable cause and that (3) was dismissed in his favor. Judge McGann found that Kimberlin had not produced any evidence to support his claim. Therefore, the count was dismissed with prejudice. That’s a finding on the merits by the Court that TDPK’s claim was bogus and that he is barred from suing us about that claim ever again.

Four of the other counts were also dismissed with prejudice at the same hearing. Two were dismissed for the same reason, lack of evidence. The other two were thrown out because they weren’t torts; that is, they weren’t claims that can be the subjects of civil suits.

Also, TDPK was seeking summary judgment against us. That was denied, again, for lack of evidence.

Next Thursday, there will be another hearing on further motions for summary judgment on the remain counts in the suit.

Stay tuned

15 thoughts on “Team Kimberlin Post of the Day

  1. I’m for a Federal law like the one they used to have in Louisiana that if your suit is dismissed with prejudice that you owe a significant fine on each count

  2. Breaking news! Brett Kimberlin sanctioned $600 in the state case. The judge gave him seven days to pay. I don’t think it was a coincidence that he was ordered to pay before the trial date.

    We need a new countdown clock!

  3. I had assumed one of the recently subpoenaed witnesses, Irwin, was a prosecutor with HoCo, (on my memory of Aaron petitioning for some explanation for the hand-wave and “stay out of Maryland” solution a local prosecutor had suggested for harrassment and/or stalking of Whatsit and Brett Kimberlin) and was quickly corrected that Irwin is instead a PR guy for that office.

    Kimberlin had early listed him as an “expert witness” of his, his expertise said to be “social media attacks by extermists targeting prosecutors” (isn’t that ironic, BTW).

    Apparently he has had to subpoena his “expert”; kimby is trying lasso him as a fact witness – and in hindsight, Kimby had no intention of paying his “expert” and almost certainly had no cooperative arrangement with him when he named his experts.
    I would be mighty surprised if any of the subpoenaed witnesses are eager to appear on Kimberlin’s behalf.

    How Irwin’s testimony could be relevant is a mystery to me, as Kimby can’t complain on behalf of any of the public officials, the complaint itself is protected speech as is any exhortation to other concerned citizens to inquire about public law enforcement in Maryland; and making a complaint in good faith to a prosecutor or to the county about enforcement of laws is not defamation; any complaint about Bill Schmalfeldt is not germane to Kimberlin’s reputation, and no action was brought against Kimberlin anyway.

    • The malicious prosecution claim was denied with prejudice so like you, I can’t see anything admissible that witness, expert or not, could possibly bring.

      Of course, that doesn’t mean he won’t try, if for no other reason, in an attempt to muddy the waters. Appears the judge is onto him now, though, and will likely not allow it and won’t even discuss it in front of a jury.

  4. Pingback: Paul Alan Levy on Brett Kimberlin, Defamation and the ‘Streisand Effect’ : The Other McCain

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