In order to be well-pleaded an allegation needs to specify the who, what, when, where, and how of the act in question. In order to recover for damages, the damages must be specified. Simply alleging John Doe hit me isn’t well-pleaded. That’s only who and what. A proper allegation would be something like this: John Doe hit me in the ribs with a baseball bat in City Park at around 10:15 am last Fourth of July; he broke two of my ribs, causing severe pain; and as a result of that injury, I sustained medical expenses of $2,369.14 and lost $752.00 in wages because I was unable to work.
Oh, and when you get to court, you better have witnesses and/or evidence to back up your story.
Just saying that I falsely called TDPK a “swatter” doesn’t cut it. He needs to say when, where, and how I did it. Of course, he can’t because I have never called him a “swatter.” I have noted that people have been SWATted after run-ins with Brett Kimberlin, but I also have noted that there is no proof of whodunit. Correlation doesn’t prove causation, but I can understand why some folks are suspicious.
It is true that I do try to raise money via this blog. The
Gullible Victim Gentle Reader will find the Tip Jar here.
There’s also a fund set up to help defray some of the costs of defending bloggers from Brett Kimberlin’s Anti-First-Amendment lawfare. Go to Bomber Sues Blogger to find out more.