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.