Today is The Dreadful
Pro-Se Freeloader Schmalfeldt’s big day when he gets to meet with his freebie lawyer that the court has assigned to help him with his LOLsuit VII: Degenerations. That unfortunate lawyer has his work cut out for him. If the case is going to go forward, he’ll have to draft an amended complaint that actually alleges the elements of least one tort and that has admissible evidence to back up its allegations. There’s nothing like that in TDFS’s current complaint.
I haven’t got time to dissect his entire complaint, so I’ll just use his defamation claims as an example. He cites two quotes, one from Paul Krendler and one from Sarah Palmer to show how he was supposedly defamed. The quote from Sarah Palmer is a pure expression of personal opinion which clearly protected speech under the First Amendment—the inapposite bit of case law the Cabin Boy™ cites does not change that.
The Krendler quote is taken out of context, and the reference cited at The Thinking Man’s Zombie is false. I did manage to find the quote on a different website. The words quoted in the complaint are preceded by these—
Oh, and just an aside…by the above I do not mean to suggest in any way that
which means that the words TDFS claims are defamatory are not words that Krendler offers as being true.
I think it would be highly unlikely that any lawyer would be willing to risk Rule 11 sanctions by allowing a client to make such a false allegation.
The Cabin Boy™ should have an informative day today.