Convicted Bomber and Perjurer Brett Kimberlin Loses, Yet Again
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.]
Congrats again – hopefully some day TDPK will hear the words:
“Coffee break’s over fellas, back on your heads”
And prayers for Mandy.harkin (90be6e) — 9/8/2017 @ 8:21 pm
I have always loved that joke.Patterico (115b1f) — 9/8/2017 @ 8:33 pm
Patterico, this is a serious post, and I know what all aspects of this mean to you. So no fighting, weird language, and so on.
It’s not the same as what happened to Mandy Nagy, but my father had dementia for several years before he passed away. Some days he “got it” and many days, he decidedly did not.
You put me in touch with Stashiu, who *really* helped me deal with it.
It’s very much like there is a problem with the “receiver” and the person is a radio station. Sometimes the “receiver” is working well. Other times, not. But the radio station is just the same.
So, religious aspects or not, Mandy Nagy is there. It’s just her “receiver” that is broken. Many props to her mother for helping out.
And congratulations on another step in clearing this other person who will remain nameless from your life.Simon Jester (fbd5ad) — 9/8/2017 @ 9:12 pm
What SJ said. My dad, the sainted Senior Chief, had Alzheimers. And so in his final days he’d lash out at me every so often. Kicking, punching. And then you could see the realization flash across his face; he knew who I was, and was sorry. He never said it. I wouldn’t have asked him to say it.Steve57 (0b1dac) — 9/8/2017 @ 9:24 pm
Mandy Nagy was always a kind soul. Hope God can heal her to some degree and allow her to live her life in peace. God bless her.NJRob (7f4bec) — 9/8/2017 @ 9:49 pm
I am always heartened to learn of your legal victories. Yes!
I’d love for you to be able to recover against this tool for all the nuisance (and worse).Ed from SFV (3400a5) — 9/8/2017 @ 9:52 pm
My suspicion is that he simply does not care, that the anxiety he put you through was more than enough payout for him to repeat this action with whomever crosses him next.Soronel Haetir (86a46e) — 9/8/2017 @ 10:08 pm
This loser is the legal equivalent of the Black Knight from Monty Python and the Holy Grail, except there’s nothing funny about him…Dave (445e97) — 9/8/2017 @ 10:53 pm
The anger and really grief the bad guys were able to cause was intentional. A whole lot of people shut up about Kimberlin because they calculated it wasn’t worth the hassle. And that kind of reaction is what makes that kind of terrorism work.
Excellent news that Kimberlin has lost yet again. Amazing that Hoge is still blogging about this every day. And I’m very glad Mandy is still on our minds. Sharp, big hearted, and trying to make a difference.Dustin (ba94b2) — 9/9/2017 @ 2:38 am
I join in celebrating another turn of the wheels of justice, which purportedly grind slow but fine, and which in any event continue to grind Kimberlin into the oblivion he deserves.Beldar (fa637a) — 9/9/2017 @ 6:09 am
Congratulations, and thank you for continuing this fight.DRJ (15874d) — 9/9/2017 @ 6:55 am
Any time Brett Kimberlin loses at anything, especially since I am from Indianapolis (born and raised), The Dude is a happy guy.
I’ll raise a White Russian for you, and for Mandy, later this evening.Jeff Lebowski (1389ce) — 9/9/2017 @ 8:41 am
How it is going on the vexatious litigant thing?Ingot (1de9ec) — 9/9/2017 @ 8:53 am
Congratulations on your victory, or a step forward to total victory–the end of this terrible guy.
And I only wish it was not tempered by the sad news of your friend.Patricia (5fc097) — 9/9/2017 @ 8:53 am
Congratulations, and thank you for making the world just a little safer for future bloggers.felipe (023cc9) — 9/9/2017 @ 10:06 am
The injury Mandy Nagy suffered is extremely profound, but it’s not hopeless. The brain has amazing recuperative and compensatory abilities. Going on to six years, now, I am still improving. My age is against me, but she is still young. It will take time and care but she will get better.nk (9651fb) — 9/9/2017 @ 10:55 am
It’s always wonderful to read about TFG Kimberlin losing. He’s a pestilence, a parasitic worm that hitches rides on a snake’s underside. A victory for all who’ve been victimized by his evil ways.Colonel Haiku (2601c0) — 9/9/2017 @ 11:17 am
@ Ingot, who asked (#13):
I don’t know the answer to this question as it relates to Kimberlin specifically.
But in general, every victory anyone racks up against a vexatious litigant is likely to be added to every future opponent’s already-long list of other cases in which Kimberlin’s litigation has been dismissed, just as every such opponent’s list starts with the past criminal and civil judgments against him when he’s been the defendant.
This incremental gathering of conspicuous examples — with this post, and the victory it recounts, being another such example, duly available on the internet to any casual Googler, easy to find with its factually accurate headline description regarding “Convicted Bomber and Perjurer Brett Kimberlin” — is something to take satisfaction from. The length of the list itself begins to become an important contextual fact for judges to rely upon in considering motions to dismiss litigation he’s filed and motions to sanction him for filing vexatious litigation.
Of course, every line on the list represents an episode of harassment that has genuinely afflicted the lives of his targets, which is his point.
But as he continues to lose, he should be facing diminishing returns of that. That’s far better than he deserves, but it’s not nothing.Beldar (fa637a) — 9/9/2017 @ 1:22 pm
#13, #18 Long ago there was a call to put together information to have Kimberlin declared an official ‘Vexatious Litigant’ in his state which has specific rules for same. It wasn’t easy, but if and when it succeeded, Kimberlin would not be allowed to begin/participate in court cases without an actual supervising lawyer approving of his motions and who could be held to account for letting frivolous things forwards.
From the sound of it, there hasn’t been much push in that regard. It’s okay, it was just a hope. The state that he’s in makes that declaration of vexatious litigantness pretty rough to do.Ingot (1de9ec) — 9/10/2017 @ 7:29 am
photoshop alternative, it’s free and easy to use, get your hands on, create an image, or upload from your PC to edit.Putlocker (acda65) — 9/14/2017 @ 11:58 pm