Team Kimberlin Post of the Day

Four years ago, The Dread Deadbeat Pro-Se-Kimberlin had filed his initial brief in his appeal of his loss by summary judgment in the RICO Remnant LOLsuit.  The TKPOTD for four years ago today was a first fishing of that brief.

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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.

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It didn’t take the Fourth Circuit Court of Appeals long to deny Kimberlin’s appeal and affirm the district court’s judgment. TDPK has another appeal going now in the Seventh Circuit. There are still some dates left on the pool calendar in the break area for when he loses that case.

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