Neal Rauhauser’s proposal to use pro se litigation as an inexpensive way to inflict sufficient aggravation and financial hardship on individuals and organizations on the Right which would cause them to offer favorable settlements may have looked good in theory, but it had one significant bug. It turned out that most of the defendants sued by Team Kimberlin believed that their First Amendment rights were worth defending regardless of the cost. It also had another fatal problem: no one on Team Kimberlin is a competent pro se litigator. After a bit of experience with Team Kimberlin’s shenanigans, the courts lost patience and began enforcing the applicable rules of civil procedure. This post from seven years ago today dealt with Brett Kimberlin’s recurring cry “But, You Honor, I’m Pro Se.”
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The Dread Pro-Se Kimberlin repeats that whine in every court appearance and in almost every written pleading. It’s beginning to look as if he’s worn out that excuse.
Judge Joan Ryon: “Don’t even use that with me.” Kimberlin v. Walker, et al.
Judge Roger Titus: “The Plaintiff is no stranger to the processes of this Court … he commenced numerous cases in this Court …” Kimberlin v. Kimberlin Unmasked.
TDPK is running up against the principle that “[l]iberal construction does not mean that a court can ignore a clear failure in the pleading to allege facts that set forth a claim cognizable in a federal district court.” Solomon v. Dawson, Case No. 13-CV-01951, ECF No. 5. (D. Md. 2013). That ruling was by Judge Paul Grimm.
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Judge Grimm was the judge initially assigned to the federal RICO Madness LOLsuit. He was replaced by Judge Hazel who did a reasonable job of keeping Kimberlin under control. Eventually, the District Court began assigning all of Kimberlin’s LOLsuits to Judge Hazel.
The same sort of thing happened in the state LOLsuits. The normal practice in Montgomery County is for pretrial hearings to be handled whichever judge is sitting on the day that the hearing is scheduled. Beginning with the RICO Remnant LOLsuit, all of Kimberlin’s cases were exclusively handled by Judge Mason. That meant when Kimberlin couldn’t keep his stories straight from hearing to hearing, the judge presiding was able to catch his inconsistencies.