Congratulation, Pattercio!


Popehat reports that the Ninth Circuit Court of Appeals has affirmed the District Court’s finding in the Nadia Naffe nuisance lawsuit that Patrick Frey blogs on his own and not as a county employee. That was the basis for denying Naffe’s civil rights complaint in her lawsuit. Congratulations and thanks are also due to Ron Coleman and Ken White for their pro bono defense of Patterico’s First Amendment right to free speech and right to freedom of the press.

The Ninth Circuit’s opinion isn’t binding on the courts in the Fourth Circuit, but it should be viewed as persuasive authority by U. S. District Court where Brett Kimberlin is suing Patterico under essentially the same theory as Naffe’s.

22 thoughts on “Congratulation, Pattercio!

  1. And of course, Team Kimbergarten sees this as a VICTORY!!! I knew Roger Shuler was dumb, but his reaction to the ruling is one of the more idiotic things I’ve read recently.

  2. Big thanks to Ken White, et al., who maintain perspective about political ideology and stand up for truth and individual liberty under our constitution, without which we would not have the freedom to disagree about politics.

  3. I saw Ron Coleman in the youtube they have of the argument. I thought the ‘not a county employee” part went really well, but was confused by the judges pestering Mr. Coleman about an issue the judge had raised sua sponte about there not being any evidence about the amount of damages in controvery exceeding 75,000. I mean, even when asked, she provided essentially bupkiss.

  4. I also think Naffe went after the wrong entity(s WRT the appearance of her SS# in Pacer documents.
    People who download swaths of filings should be able to rely on PACERs rule that electronically upload documents must redact that info. HER OWN LAWYERS made it public. And PACER kept it public for months and months and months through no doing of Patrick Frey, who as soon as it was spotted by a reader – a few minutes IIRC, redacted it from his publications of the PACER files.
    DIscussion of her medical issues was from her own motion to ask for more time (do over) because she did so poorly in depositions and got caught in inconsistencies.

    • Ah, the medical excuse. I am aware of someone who finds himself at death’s door any time he feels the heat. Then, he bounces right back. Miraculous, really.

      • Student came by to make up a test.

        Next office down came in and asked what was up. “Grandmother died, had to fly home for the funeral.”

        “That’s odd, last year he had to miss 2 exams…. Because both grandmothers died.”

        We started asking around.

        Seems the student had no less than 12 “dead” grandparents.

  5. It’s not binding, but does anyone really think that BK’s Maryland case would be placed on track to create a conflict in the circuits (4th Circuit on appeal if district court case would go against Patterico, and 4th Circuit would have to agree with verdict) and thus pretty much an automatic appeal to the Supreme Court. The 9th Circuit decision may not be binding, but is very powerful authority on the same sort of questions. Brett ought to cut his losses and run. He won’t.

  6. 9th Cir, no §1983 actions by Patterico, motion to dismiss affirmed……

    Depose the diddler in Maryland

    Motion for Summary Judgment citing the 9th Cir reasoning to the Maryland facts

    • Yes, and I remember when, just a few weeks ago, Matt Osborne was crowing at BU, stating that the Maryland case would help Naffe on appeal.

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