One of the silliest claim that Brett Kimberlin made in any of his LOLsuits was that he had been a victim of discrimination and entitled to relief under the KKK Act. The TKPOTD for seven years ago today took a look at that claim he made in the RICO Madness LOLsuit.

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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

I expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

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One of Kimberlin’s key failings is his delusions of competence.