Yesterday’s TKPOTD dealt with how The
Dread Deadbeat Pro-Se Kimberlin’s initial losses in his LOLsuit set up later one for dismissal under the legal doctrine of res judicata. The TKPOTD from five years ago today celebrates Res Judicata.
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While Stacy McCain is contemplating a Res Judicata tattoo [partially broken link caused by Twitter suspending the @rsmccain account], those of you looking for a less personal comment should stop by The Hogewash Store and check out the selection of Res Judicata, The Grand Hog, Johnny Atsign, and Team Lickspittle merchandise.My Res Judicata travel mug full of coffee helped keep me awake during the drives from Westminster to Rockville last Monday and Tuesday.
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IMHO, the Cafe Press model looks so much nicer in a Res Judicata t-shirt than she does in a Team Kimberlin nightie.
Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.
It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.
Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?
Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.
Here’s another fun factoid from the results of The Dread Pro-Se Kimberlin’s campaign of lawfare against Aaron Walker. For four years now, TDPK’s has been lying about what happened during his confrontation with Aaron outside of Judge Rupp’s courtroom on 9 January, 2012. His claim that he was assaulted has been rejected by every judge that has examined it. When he sought his first peace order against Aaron, the judge found that harassment could be a basis for the order but not assault. (Note that the order was overturned on appeal because there was no evidence of harassment either.) Most recently, he sued Aaron in the RICO Retread LOLsuit alleging battery during the 2012 courthouse incident, and he lost, so now TDPK has both the doctrines collateral estoppel and res judicata preventing him from being able to sue again about the assault that never happened.
Brett Kimberlin’s campaign of lawfare has not only failed to silence his critics, it is having the additional effect of vindicating them. The Streisand Effect merely results in boomeranged publicity. The Kimberlin Effect is turning out to be even more disastrous.
It’s gonna take a while for the whole story to play out, but I’ll be covering it here.
The Cabin Boy™ has been hitting the … um … the books … yeah, that’s it … hitting the books over at the Acme Legal Law Library and has come up with another couple of cockamamie theories. He really doesn’t understand the doctrine of res judicata.
I’ve never claimed that Roy Schmalfeldt’s allegations against the Cabin Boy™ are true. What I have noted is that by dismissing his lawsuit against Roy with prejudice, it now a settled matter that the Cabin Boy™ could not prove that what was said was false. I’ve also noted that the legal doctrine of res judicata prohibits The Dreadful Pro-Se Schmalfeldt from ever suing his distant cousin Roy over those statements again. By extension, if it wasn’t defamatory for Roy to make those statements before 19 August, 2015, it still shouldn’t be defamatory now.
Should someone else say the same thing about Bill Schmalfeldt? I wouldn’t advise it. However, it is not defamation to report the factual outcome of a court case or to offer an opinion about the future consequences of that case.
The Cabin Boy™ sued “Roy Schmalfeldt” and lost. The fact that the Cabin Boy™ didn’t know for sure exactly who he was suing doesn’t affect whether res judicata applies. The Cabin Boy™ is suing an unknown Roy in his LOLsuit VI: The Undiscovered Krendler, and res judicata shields that Roy from any thing that the Cabin Boy™ sued or could have sued about prior to 19 August, 2015. If TDPS decides to ID a particular person as “Roy Schmalfeldt,” that should have the affect of transferring the res judicata shield to that defendant.
The Cabin Boy™ should ask The Dread Pro-Se Kimberlin about res judicata and it’s bite.
Here’s another whopper from one of The Dread Pro-Se Kimberlin’s filings in the Kimberlin v. The Universe, et al. RiCO Madness, in this case, his opposition to Lee Stranahan’s motion to dismiss.
That deserves some fisking.
As best I can tell, the only one of the defendants named in the suit who took Kimberlin’s photograph and photoshopped into to any Nazi-related imagery was Kimberlin Unmasked. What KU did was clearly within the bounds of parody and commentary. It was certainly no more extreme that Kimberlin’s superimposing the words of Adolph Hitler over the faces of George W. Bush, Dick Cheney, and John McCain in the opening sequence of the Op-Critical Fear Not video. In any event, TDPK dismissed KU from the suit, and the dismissal was with prejudice. Since he has not pleaded and cannot factually plead that behavior by any other defendant, it’s a dead issue.
Pedophile? That was settled last August. Kimberlin lost that case. Res judicata and all that.
Supporter of Terrorism? I’m not sure who called him that, and he hasn’t pleaded that anyone actually did. OTOH, if the Gentle Reader were to feel justified in referring to either Ted Kaczynski (The Unabomber) or Timothy McVeigh as a “terrorist,” I can understand why he would feel that designation also fit a convicted serial bomber such as Brett Kimberlin.
SWATter? I don’t know which of the defendants might have called him a “SWATter.” Again, he doesn’t say who actually did. But I understand why the circumstances surrounding several of the SWATtings raise questions about cause and effect for some people. I’ve heard recordings of the SWATting calls related to the RICO case. It isn’t Kimberlin’s voice, but that doesn’t mean he might not have been involved. If he were connected, I doubt that he would have made the calls himself. He strikes me as the kind of person who hires a hit man.
So now my motion to dismiss, The Dread Pro-Se Kimberlin’s opposition to my motion, and my reply to his opposition are all before the court. We’ll see how the judge rules.
FWIW, I believe the most import part of my reply deals with the implications of res judicata. TDPK sued me in a related case in state court and lost. Under Maryland law, he could have included every single one of the claims in the RICO Madness in the state lawsuit, but he chose not to. It’s also the law in Maryland that res judicata applies to TDPK and me not only for the claims he made in that state case but also for the claims he could have made. That means that res judicata barres all of his claims against me in the RICO Madness. The same doctrine obviously applies to my codefendants in the state suit, Aaron Walker, Stacy McCain, and Ali Akbar.
There’s another twist to this. When a conspiracy is alleged among defendants and res judicata applies for one, it applies to all. TDPK alleged that every single defendant was a member of his mythical RICO conspiracy. That means the res judicata also should apply to his claims against National Bloggers Club, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Lee Stranahan, Mandy Nagy, Breitbart,com, DB Capitol Strategies, Dan Backer, Mercury Radio Arts, The Blaze, Ace of Spades, RedState, and Twitchy.
During the Kimberlin v. Walker, et al. trial last year, Brett Kimberlin accused Aaron Walker, Stacy McCain, Ali Akbar, and me of defaming him by calling him a “murder,” a “terrorist,” and a “pedophile.” He lost that case because he could not prove that anything we said about him was false.
2015 should bring more legal findings related to The Dread Pro-Se Kimberlin.