Is he getting tired of the winning? John Hoge at Hogewash reports:
The Court of Special Appeals has ruled in the appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit. The defendants win. Brett Kimberlin loses.
Hoge has the full opinion at his post.
A little background by way of explanation. Kimberlin filed suit in federal court in October 2013 and chose as his opponent, the world.
The suit alleged many state-law claims along with federal claims. The court dismissed all the federal claims, except one: a section 1983 claim which the judge for some reason or another allowed to go to discovery against your humble blogger. (This is the portion of the lawsuit as to which I obtained summary judgment several weeks ago, when the judge found that there was no evidence that my motive was anything other than trying to find the people who had SWATted myself and my family.) The judge also dismissed the state law claims, but allowed Kimberlin to refile them in state court. This is the suit that Hoge calls the “Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit.” Kimberlin never bothered to properly serve me in that action, and voluntarily dismissed me in an agreement which said he could refile against me if he prevailed in his appeal as to all defendants.
That is the appeal that he lost today. So this ruling solidifies the dismissal of the state law claims as to myself.
One other tidbit. Four days ago John Hoge reported:
TDPK [Kimberlin] then filed an appeal with the Maryland Court of Special Appeals naming the following appellees: the National Bloggers Club, Breitbart News Network, DB Capitol Strategies, Dan Backer, Patrick Frey, Lee Stranahan, Ali Akbar, Aaron Walker, and me.
Hmmm. I had been dismissed from the suit, and was never given notice of this appeal — yet Kimberlin named me as an appellee! (I never lifted a finger in the appeal, for what it’s worth.) But it gets . . . worse:
So TDPK appears to be appealing his own voluntary dismissal of the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy. Mandy Nagy will probably never sufficiently recover from her stroke to be able to participate in her own defense. Continuing to go after her, especially after dismissing her from the case, strikes me as particularly despicable.
For what it’s worth, William Jacobson had a post just three days ago about Mandy, on the third anniversary of her stroke. It appears she will never be the same person I once knew. Bill quotes Mandy’s mom as saying:
She cannot form words except for no, hi, okay and a few other words. She can’t read and doesn’t understand things she should.
People she should know, she doesn’t unless I show her a picture of them. She doesn’t understand instructions. I gave her a brush to use in the shower and she didn’t know what it was or what to do with it. Even after I showed her how to use it, she just stared at it confused.
So, this is where we are. It is a sad situation but she is comfortable and hopefully content. It’s not a very good life, but it is life.
I used to talk to Mandy every few days as I drove home from work. We would talk about the crazy things that the people out to make our lives miserable were doing. “Oh, God!” she would sigh, and you could hear the tired smile in her voice. She was always a smart voice of complete and reliable sanity, in a situation where the events — and many of the people — were anything but sane.
I miss her. I wish I felt like she was a winner today.
I know she would be happy if she could understand how badly Brett Kimberlin just lost.
Somehow it’s not enough.
Sorry to end on a down note. It is what it is.
[Cross-posted at The Jury Talks Back.]