Brett Kimberlin never should have gone after bloggers who were writing truthful things about him. He never should have sued blogger, especially me, for defamation. The TKPOTD for six years ago today outlines what he lost when the court threw out the Walker v. Kimberlin, et al. nuisance LOLsuit.
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Most of The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit died before the trial stated when Judge McGann threw out five of the seven counts in his complaint on summary judgment. During the trial, Judge Johnson found that TDPK hadn’t presented a “scintilla” of evidence to support the remaining defamation and false light counts and granted a directed verdict in favor of us defendants.
As a matter of law, we defendants now have findings on the merits that we did not engage in malicious prosecution against Brett Kimberlin, that we did not conspire to abuse process against Brett Kimberlin, that we did not defame Brett Kimberlin, that we did not engage in false light invasion of Brett Kimberlin’s privacy, that we did not harass Brett Kimberlin, that we did not intentional inflict emotional distress on Brett Kimberlin, and that that we did not stalk Brett Kimberlin. The claims made by Brett Kimberlin were found to have no basis in fact. That includes the following allegations specifically made in his second amended complaint:
• There is no evidence for his claim that he was assaulted by Aaron Walker.
• There is no evidence for his claim that Aaron Walker or I suborned perjury from Tetyana Kimberlin.
• There is no evidence for his claim that Tetyana Kimberlin’s accusation against him of third degree sexual offense was false.
Furthermore, the court ruled that we did not defame TDPK or place him in a false light when we said or wrote the following things about which he complained in his suit:
• That he caused Aaron Walker to be fired from his job.
• That any of us believe he is a pedophile.
• That he has used mentally abusive tactics against his wife.
• That he is evil.
• That he is a misogynist.
• And all the other things he cited in his second amended complaint.
TDPK’s very own false narrative has been gutted. It’s now roadkill, lying open for all to see. It isn’t pretty. But lies never are when you see them for what they are.
Meanwhile, TDPK has his omnibus answer to all the motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness due on 15 October.
Everything is proceeding as I have foreseen.
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Kimberlin is a slow learner. He kept suing bloggers, including me. I argued in subsequent suits that his reputation was so poor because of his history as a serial bomber that it was impossible to defame him, so he had no grounds to sue for defamation. Eventually, one of the courts agreed with me. It granted defendants dismissal for Kimberlin’ failure to state a claim upon which relief could be granted because his reputation made him defamation proof.
It appears that Kimberlin has refrained from further litigation since his Kimberlin v. Breitbart Holdings, et al. RIOC 3 LOLsuit was dismissed, but he’s found other project to fail at. He failed in his election protection activities in 2016. He got scammed out of $9,000 when the dirt he thought he was buying on the Trump administration turned out to be bogus. And it’s been over a week since his @itstime_2020 account had a fresh tweet or picked up a follower. It still only has 2.
Failing failures gotta fail.