Generally speaking, a false statement that injures someone’s reputation may be grounds for a defamation lawsuit. However, certain statements are privileged and cannot give rise to a defamation claim. Statements made by a judge, a witness, or a party to a lawsuit that part of the court’s proceedings enjoy such a privilege. The TKPOTD from six years ago today was about Brett Kimberlin’s use of that privilege to attempt to smear his perceived enemies.
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This is from the Kimberlin v Team Themis, et al. RICO2 Electric Boogaloo LOLsuit.Brett Kimberlin knows that nothing in that paragraph is true, and he knows that I can prove that it is all false. Court filings are privileged against defamation claims, but saying or writing the same words in any other context would leave him wide open for a libel suit.
The Dread Pro-Se Kimberlin won’t publish those words in anything other than one of his vexatious LOLsuits, and members of Team Kimberlin who have been less careful may soon have a reason to be more concerned about …
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What Kimberlin missed was that false statement that are privileged with respect to defamation may still wind up supporting causes of action for abuse of process or malicious prosecution.
OTOH, his first conviction almost 50 years ago was for perjury, and that didn’t cure him of his lying in court.