Team Kimberlin Post of the Day

So The Dread Deadbeat Pro-Se Kimberlin has filed the redacted version of his informal opening brief. I’ve read through it a couple of times, and it seems more or less consistent with TDPK’s usual level of shoddiness. Over the next few days, I plan to use the TKPOTDs to fisk portions of his brief.

TDPK states his first issue for review as follows—

Whether the lower court erred in granting summary judgment for Appellee Frey when the issue of causation was highly contested and therefore should have been an issue for the jury to decide as this Court made clear in Love-Lane v. Martin, 355 F.3d 766 (4th Cir. 2004).

Of course, the issue of causation was contested between the parties. Let’s even grant that it was “highly contested.” So what? Summary judgment is appropriate when there are no disputed facts and one party is entitled to win as a matter of law. Judge Hazel examined the evidence provided in discovery by Patrick Frey and offered by Kimberlin in his summary judgment motion and in his opposition to Patterico’s summary judgment motion. From those undisputed facts offered by Kimberlin, the judge found that TPDK had failed to make his case, and he granted summary judgment for Patrick Frey as a matter of law. Let me put that another way: the court found that even if what Kimberlin alleged was true, the law said that he hadn’t established the element of causation in his case against Frey. Thus, even if the jury had also agreed with Kimberlin’s alleged facts, he still could not have won his LOLsuit.

The Gentle Reader will note that TDPK’s citation of the Love-Lane case does not include a page number pointing to something in that decision which supports his assertion that his case should have gone to a jury. IANAL, but I’ve read through the Love-Lane decision, and I can’t find anything that would help him. Indeed, the Fourth Circuit’s rationale in denying Love-Lane’s racial discrimination claim because the plaintiff’s alleged facts were such that “no rational jury” could find for the plaintiff “based on the evidence in the record” supports Judge Hazel’s ruling. (355 F.3d at 788.) The case law Kimberlin cites actually seems to support Patrick Frey’s position.

Kimberlin once told Pattrico “I’ve filed over a hundred lawsuits,” but he has hasn’t won very many.

17 thoughts on “Team Kimberlin Post of the Day

  1. Translation: colluding with Russians is “opposition research” if Democrats do it, but if Donald Trump Jr. even meets with a Russian, it’s “treason.” Remember, folks, SJW Rule 3: they always project. We know who the traitor is, don’t we?

    This same rule springs to mind when it comes to sexual assault – to date, over 40 democrats in media, entertainment, and fashion have been accused of exploiting women, sexual assault and pedophilia. That’s not even counting Democrats Anthony Weiner, Senator Menendez, and Bill Clinton. I wonder why Bill Schmalfeldt dismissed his lawsuit, WITH PREJUDICE, against his cousin, who had accused him of rape?

    • I’d assume because he’s an idiot who has no idea what legal terms mean even today.

      But embrace the power and all that.

      Yeah bill, you know what I’m saying.

    • You know what isn’t “opposition research”? Having the FBI and a member of foreign intelligence help you by working with the Russians, and then using the fake dosssier they produced to get a FISA warrant to allow Obama to spy on a presidential candidate during an election.

      The #resistance is full of crooks and perverts, some who fantasize about sex with Cub Scouts. Others are into anime gay incest porn. Creepy.

  2. Off topic: does anyone find it weird that a man who lost custody of his kids and has virtually no contact with them would partner with someone who also lost custody of their kids, and has virtually no contact with them? Birds of a feather.

    • I wonder if Brett Kimberlin’s family photographer ” Craig Richard Gillette” has visited Los Angeles and/or Las Vegas in the recent past and has recent contact with the Cabin Boy Of The Infinite Muumuu. No telling what digital forensics would reveal on computers in SC operated by F5ing Rat Shaped Holes.

  3. Hey, everyone, admitted deranged cyberstalker Bill Schmalfeldt is picking on Lee Stranahan again. I wonder why?
    Never mind.

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