Team Kimberlin Post of the Day

One of the things that ensures that Bill Schmalfeldt will lose any LOLsuit he files is his reliance on legal theories which have no connection to Reality. The TKPOTD from a year ago today deals with one example.

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The Cabin Boy™ is having a snit because someone called him a sociopath. He imagines that he has been defamed because he hasn’t been formally “diagnosed” as a sociopath.Where to begin? I suppose by pointing out the DSM (the American Psychiatric Association’s Diagnostic and Statistical Manual) is now up to revision 5, and DSM-5 contains no such diagnosis. The DSM-III was superseded in 1987. (I am not a shrink, but looking at the DSM-5 criteria for Antisocial Personality Disorder and the Cabin Boy’s™ behavior, …)

So what does the word sociopath mean?

so·cio·path n. \ˈsō-sē-ə-ˌpath, ˈsō-sh(ē-)ə-\ 1. a person who is completely unable or unwilling to behave in a way that is acceptable to society. 2. a person with a psychopathic personality whose behavior is antisocial, often criminal, and who lacks a sense of moral responsibility or social conscience.

Although I wouldn’t describe Bill Schmalfeldt as a sociopath, I can understand why someone else might. I prefer Ken White’s description for Schmalfeldt—”demented freak.”

UPDATE—After I originally drafted this post, the Cabin Boy™ put up another blog post demonstrating his poor understanding of both psychology and law. I’m not a professional in either of those disciplines, but I do know that the facts of the case he wants to rely on are inapposite to LOLsuit VIII, that the Texas case law Schmalfeldt cites is not binding on a court in South Carolina, and that the case law relating to defamation has evolved quite a bit over the past 40 years. For example, Brett Kimberlin lost his Kimberlin v. Walker, et al. LOLsuit because he could not prove that we defendants had made any false statements about him. We did not have to prove that we had told the truth. We had been truthful, but the burden of proof was on Kimberlin as a plaintiff rather than us as defendants.

Nothing is proceeding as the Cabin Boy™ has hallucinated.

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The Cabin Boy™ has lost eight LOLsuits so far. Does his legal career have nine lives?


6 thoughts on “Team Kimberlin Post of the Day

  1. Imagine someone unemployed, uneducated & a lifetime drag on society decides to brag about the purchase an expensive & rare house pet. Many pictures were posted to various social media platforms for all to see. Then poof………………

    • I’m more concerned about the dog and cat he abandoned in Iowa. They weren’t “show quality” pets – just run-of-the-mill household pets. He couldn’t easily sell them, like he could have with Onyx, except to an animal testing lab. So did he dump them in a field somewhere, or just leave them behind near the rental he abandoned?

      But back to his legal smarts – he just doesn’t get it that in a defamation suit, the defendants don’t have to prove what they said was true – the burden would be on him to prove that it is false. But that’s why he has his most common nickname …..

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