The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler


Posted on | March 17, 2015 | 56 Comments

Just got the news that Brett Kimberlin’s federal lawsuit against myself and 20 other defendants has been dismissed with prejudice.

UPDATE: For reasons I don’t understand, the court has ruled that one count of Kimberlin’s case against Patrick “Patterico” Frey can proceed to discovery. Troubling.

UPDATE II: From Judge Hazel’s ruling:

For the reasons stated above, the Court will GRANT all of Defendants’ motions to dismiss, except that it will DENY Defendant Frey’s motion to dismiss as to Count II, which will proceed into discovery. Thus, Count I (RICO) and Count III (§ 1985) are dismissed, with prejudice, as to all Defendants. The remaining state law claims (Counts IV, V, VI, VII, VIII, IX, X) are also dismissed as to all Defendants, without prejudice to Kimberlin’s right to re-file in state court, should he so choose.

So, no RICO, and all defendants except Patterico dismissed, he still at jeopardy on one count. As for the rest of us, Kimberlin could still sue everybody in state court. The problem there that Kimberlin has already sued four of us in state court and lost. Without the conspiracy claim to tie us all into a bundle of racketeers (absurd, I know, but such was the theory of Kimberlin’s RICO claim), we would all be individual plaintiffs. I doubt very seriously state court action will follow, but who knows what the Perjuring Pro Se Pipsqueak might do next?

UPDATE III: One of John Hoge’s commenters scanned through the judge’s ruling and culled out the following highlights:

he has failed

Kimberlin has failed

his § 1962(c) claim would still fail

Kimberlin has failed

Kimberlin has failed

his § 1962(c) would still fail

Kimberlin has failed

Finally, Kimberlin has failed

Kimberlin has therefore failed

and, as a result, has failed

he has failed

As discussed, Kimberlin has failed

Kimberlin has not been prejudiced in any meaningful way by his failure

Because Kimberlin has failed

Yeah. I think you get the point.



56 Responses to “CASE DISMISSED!”

  1. WJJ Hoge
    March 18th, 2015 @ 12:08 pm

    Everything is proceeding … you know the rest.

  2. AMartel
    March 18th, 2015 @ 12:16 pm

    Hearty congratulations! This is an achievement. Kimberlin sentenced to a life of being Kimberlin, something I would not wish on my worst enemy.

  3. Evi L. Bloggerlady
    March 18th, 2015 @ 2:03 pm

    Frankie, it is Kimberlin’s creepiness that makes him a perfect Great White Defendant.

  4. Garym
    March 18th, 2015 @ 2:34 pm

    Congrats to all!!

  5. Dodd
    March 18th, 2015 @ 4:53 pm

    Congratulations are in order, even if the result was preordained.

    I read the entire Memorandum & Order and have to say that, as a lawyer, I *do* understand why he let Count II proceed. His reasoning is as sound there as elsewhere. Moving on to discovery isn’t that big a deal; he hasn’t validated K’s allegations, he merely found that they meet the necessary elements under the standard of review required (and he did highlight Patrick’s likely defense of prosecutorial immunity–which I can only assume wasn’t raised for strategic reasons).

  6. Katie Scarlet
    March 19th, 2015 @ 12:10 am

    Is it illegal for an SA to investigate a crime committed against him?