Qapla’


Congratulations to Patterico and his legal team! Judge Hazel has granted summary judgment in Patrick Frey’s favor, ending the RICO Remnant LOLsuit.

Here’s the supporting Memorandum Opinion—

And here is the money quote from the opinion, found in footnote 20—

Because the Court holds that Kimberlin has failed to establish his prima facie case, the Court need not address Frey’s defenses of privilege, absolute immunity and qualified immunity.

Everything has proceeded as I foresaw.

Oh, one more thing … The judge’s order to close the case puts the kibosh on The Dread Pro-Se Kimberlin’s motion to have me sanctioned for failing to give him discovery documents that I didn’t have.

Heh.

UPDATE—A commenter mentioned the coverage of this LOLsuit by Breitbart Unmasked Bunny Billy Boy Unread.

Nothing proceeded as Bunny Boy imagined.

74 thoughts on “Qapla’

      • He filed an improper appeal after most of the case was dismissed in 2015, and the Fourth Circuit denied that appeal because the case was not ripe for their consideration. Now that the case is finally concluded in the District Court, I expect he will file another appeal, and if he’s foolish enough to include me among the appellees, I expect [redacted].

        • Of course he’ll do it, and will be filing for reconsiderations of his again-rejected appeals and whatnot til they make him stop. He should remember that the joy of relentlessness has its limitations, especially in this case when everybody learns about you, and your scamming potential ends up squashed in the metal press.

        • Vexatious litigant is vexatious. At what point can he be actually declared as such and some gateway order put in place?

          • IANAL, yet, IMHO, “However, Kimberlin warned…” appears to be the first “ranging shot” before the full salvo. (see below)

  1. “Kimberlin has failed to submit evidence, rather than his own strongly held convictions”

    Ooh, so close. All this part needed was “scintilla.” Oh, well. At least it adds one more “Kimberlin has failed” to the steadily growing collection.

  2. I still want the Swatting solved. We all know persons not Kimberlin were a part of that series of crimes, but that doesn’t mean he’s got nothing to do with it. I wonder if he still deals with Rauhauser. In that battle of psychopaths, R may have got the better of the other.

    Kimberlin still was (and ever shall be, I think) a vicious, unrepentant bomber-terrorist who caused severe injuries to more than one person, and only by sheer good luck is the death count not higher than it is.
    He’s a criminal forger, dishonest, a perjurer. He insinuated himself into the lives of the young and innocent to gratify his vanity and perverse inclinations. He uses people around him in the worst ways, as pawns in the GREATNESS OF BRETT KIMBERLIN drama fantasy world he inhabits. He deserves every inch of his bad reputation, which exceeds his natural height by several trips to the moon.

    Also he can’t sing and his songwriting is painfully lame.

    • This is perhaps to me the most interesting take away from the way Hazel framed this: victims of crimes (not just lickspittles, but all victims of crimes and their friends/family that go uninvestigated) need to advocate harder with DA’s to get those crimes investigated.
      If I’m reading this right, Hazel implies that some of Patterico’s advocating might have been possible due to his role as DA giving him access to people your average citizen couldn’t have gotten a hold of.
      Fine, if that’s the case, then we average citizens need to start “burning up the phone lines” so to speak when we feel crimes aren’t being properly investigated. It may be harder for us to get a hold of DA’s (because we have to go through switchboards and voice mails and be persistent) but if we (again we is all crime victims and their friends and family) stay steady we might be able to do even more than Patterico did (which, in this case was ultimately failure to have anything investigated very much.)

      Or put differently, scream loud enough and they have to listen. (Considering the vast majority of the murders around these parts go more or less totally unlooked at, this is a lesson I think need be taken firmly to heart.)

      • Yeah – a scandal that doesn’t get talked about nearly enough is how most police departments will just effectively drop a case that isn’t easy or straightforward. There are always new cases coming through the door, and it’s always easier to spend time on those.

        Everyone likes to talk about cold cases being solved and we love to watch detective stories – but the sad fact is that, by the odds, if a case isn’t solved within the first 90 days, it’s pretty much dead unless someone, on their own, decides to walk into the police station and make a full confession. (or a jilted lover decides to spill the dirt on the man who did them wrong)

        And a “swatting” case like this will ESPECIALLY not be investigated because the police grossly overreacted, didn’t figure out what was going on until it was obvious to the blind man, and look like complete idiots. They trashcan cases like that as fast as they can.

        • Also, there’s the possible penalty vs. the resource expenditure necessary to make it even possible, much less likely, that the penalty will be administered. Swatting isn’t, as a general rule, treated legally as the attempted murder that it is. So a difficult interstate investigation of what will likely be prosecuted as a misdemeanor is hard to justify.

  3. The court’s choice write the memorandum such that displayed prominently on the first page we see

    “However, Kimberlin warned that {failure to comply with Kimberlin’s demands] could have consequenses, stating ‘I have filed ova a hundred lawsuits and another one will be no sweat for me'”,

    is a statement in itself.

    • I’m still frustrated that Ace settled, but even with his pro bono representation, Kimberlin was about to get Ace’s real name, which would have then been leaked by “some unknown party” to various left wing outlets even with a protection order in place. It really sucks, but not everyone had the time and/or means to go to the mat the way that our host and Pat Frey did.

  4. Another loss? Huh.

    Team Kimbergarden should really get out of the lawsuit business. They just aren’t very good at it.

  5. July has turned into an epic bad month for Team Kimberlin. And it has been GLORIOUS to watch! 😃

  6. Does anyone know the status of the grand jury investigating Kimberlin? Will they look at the source of the funds he allegedly used to purchase the “fake” Trump information or to finance his legal jihad against everyone? I know Grand Juries are top secret, but [REDACTED] [REDACTED]!!

  7. Pingback: Patterico Vindicated: Judge Rules Against Brett Kimberlin’s Failed Federal Suit : The Other McCain

  8. What a feeling of relief! Kimberlin’s bogus lawsuits have failed again. I am happy that Patterico no longer has this hanging over his head. The judge supplied a thorough analysis of claims vs the law, and any ill advised appeal will merely waste more time and money before it too fails.

    • Let’s hope that it wastes a lot of Kimberlin’s money and time and very little of Frey’s if the Tiny Pedo decides to appeal. Maybe he’ll eventually realize that he’s lost whatever appeal he may once have had a long time ago.

      • See Fed. R. Civ. P. 54(d)(1)

        Costs Other Than Attorney’s Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney’s fees—should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days’ notice. On motion served within the next 7 days, the court may review the clerk’s action

  9. 1. BACKGROUND (Page 10)

    “Kimberlin also states that his wife was interviewed by [FBI] agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.”

    Footnote 16 (page 18): “Notably, Kimberlin provides no evidence that these visits actually occurred.”

    ******************************

    Footnote 10 (page 10): “Although Kimberlin was apparently savvy enough to determine the message came from a Sherriff’s (sic) Department IP address, the email on the surface appeared to have been sent from a non-descript personal account.”

    Footnote 14 (page 14): “Allegations involving the email sent from the Sheriff’s Department IP address fail for a similar reason, in that the email was sent using a personal email account, which did not identify the sender as a government official, and thus was not done under color of state law. Additionally, there is no evidence that Frey was responsible for or aware of the email.”

    ******************************

    And, the beat goes on… *SMFH*

    ‘Tis an absolute disgrace this vexatious nonsense, courtesy of a vexatious, perjurious litigant (whose goal is solely to achieve the shutuppery of those exercising their First Amendment rights), was allowed to clog up the courts, and waste the time, effort, and money of good-and-decent citizens.

    With that said… uber congratulations to Patterico!

    And, to the sawed-off, dwarf felon – the Domestic Terrorist Brett “The Speedway Bomber” Kimberlin… GFY.

  10. If i was the judge i would have cut through this bullshit a little faster, but still… all’s well that ends well.

    Also, more significantly, he is told that his blog is not state action. Which is the really significant legal victory.

    • Unfortunately it seems to me that Frey made a number of mistakes along the way separating his office from his personal life. I get that he was frustrated that he was SWATted and was looking for the person who did it. His emails to the LACDA from his work email really ding him there which while the midget knows he didn’t have a case, the midget was able to drag this out to inflict some misery on Frey.

      • William –

        I understand where you are coming from… however, it is not outside the realm of possibility that a Deputy District Attorney could have very well pursued a SWATing incident (using all available contacts, leads, and whatnot) even if they had *not* been the victim.

        I know that is not what was at issue here with this particular lawsuit – the Domestic Terrorist Brett “The Speedway Bomber” Kimberlin was simply trying to punish Frey via lawfare for the “crime” of writing about the dwarf felon’s criminal history and current shenanigans.

        However, SWATing *has* been gaining the attention of local, state, and federal agencies for some time now.

        I realize there was much muddying of the waters – what with Frey’s position, his professional vs. private avenues of diligently pursuing the SWATing incident as the victim… and, the very truthful and bottom line is that’s just what all of the Team Kimberlin goons do… muddy the waters.

        Just my .02.

    • This did not end well. Judge Hazel has further disgraced himself. I can’t stress enough how disgraceful and dangerous to First Amendment his ruling was.

      We simply do live in a universe were some complaints are given more weight than others. More articulate complaints are given more consideration than poorly worded complaints. Some people are better known and liked by people handling complaints than others. Celebrities, the wealthy prominent members of the press, and others are given more weight.

      What Hazel has done is transmute Patrick Frey’s ability to complain to the right people in the right way into a “state action.” This is dangerous and wrong. Suppose an editor of newspaper filed a complaint. Thee accused could in Hazelland state that the ability of a newspaper editor to generate negative press could reasonably be inferred to have given the complaint more gravitas.

      Again, Patrick Frey was deemed acting in his official capacity merely for complaining to the right people, a right that every victim has.

      Hazel ought resign in disgrace.

      • I kind of agree with you, or at least see the danger. At least he seemed to recognize that Patrick was victim of a crime and had some right and legitimate interest in seeing that crime solved.
        Frankly I don’t know why an innocent Kimberlin did not ALSO have an interest in seeing the perpetrator caught and evidence developed to prove who actually did it. Because that only helps innocent Kimberlin.

        • It damages only guilty Kimberlin, or Kimberlin guilty of some other stuff he doesn’t want anyone looking into. I still think Kimberlin was in some way behind the swats, perhaps through his connections with some folks with temporarily aligning interests. I think Rauhauser still to this day does not confess that Weiner is, well, who Weiner is.

      • I take Hazel’s opinion as a case of Hazel doing something that I have seen other Judges do – and I’m not saying that it’s right, just that it’s common. I believe that once Hazel decided that he was going to rule in Frey’s favor, he bent over backwards to show how close he came to making the other choice, and went to great lengths in his opinion to make sure that everyone went away with that impression.

        We, as outsiders, want every decision to be analogous to a 99 – 1 score in some sports event. Most Judges think everything should always be 51 – 49.

        • Showing any and sympathy on has for the losing party is one thing, asserting bad law is another.. What Judge Hazel has done is to create a precedent in which those that have a greater ability to be heard will be deemed suspect in the eyes of the law merely for complaining.

  11. “It is a total and complete victory. There will be no trial. I will pay nothing. I will take down no blog posts about Kimberlin. The lawsuit is simply over. (Of course, he’ll appeal. He always appeals.)”

    http://patterico.com/2017/07/24/victory-over-brett-kimberlin-summary-judgment-granted-against-convicted-bomber-and-perjurer/

    To quote Stacy McCain:

    “Go to Patterico’s blog and congratulate him on his success. First Amendment freedom has won, and the Speedway Bomber has lost.

    It’s a great day to be an American!”

  12. And here is the money quote from the opinion

    I’m sorry, but as far as I’m concerned the money quote is one that is oft repeated: “Kimberlin has failed”

  13. If I recall correctly, there were numerous breaches of protection orders.

    Does this close the book on those or might there still be consequences?

    • Perhaps its a failure of my memory, but I don’t recall numerous breaches in this case. I do recall Kimberlin repeatedly bitching about not being allowed to use sealed info in unsealed documents.

      He has been more blatant about doing that in litigation v. Aaron Walker, I think. Probably because he thinks AW has fewer resources available to counter such.

      • If there were egregious breaches, it might have been AW v. K in VA where AW sued, as best that I can remember.

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