This week the federal court in Maryland finally got around to dismissing Brett Kimberlin's RICO lawsuit against all defendants. A small portion of the suit remained, though it is no longer a RICO case. Patrick Frey must still stand trial to discover if he violated Brett Kimberlin's civil rights by asking the FBI to investigate Kimberlin for his role in several swatting cases, including that of Patrick Frey. Google it, if you want more info.
Since Frey is an assistant District Attorney, he may have been acting "under the color of law," which means he might have frightened Kimberlin into thinking he might be arrested for speaking out. Obviously, assistant DA's are not able to request police investigation into a serious crime committed against them, because it might upset the suspected perpetrator, and that would violate the potential criminal's civil rights. [Update: Frey may not have to stand trial. The case is moving into the discovery phase. Based on the evidence that comes to light during discovery, Frey may be able to get a motion for summary judgment, which would end the case.]
Folks closer to the case think Frey will prevail, and I think so too.
Kimberlin is obsessed with William J.J. Hoge and intent on destroying the man through the court system. The ink was hardly dry on the dismissal of Kimberlin's Peace Order petition against Hoge, when Kimberlin filed yet a SECOND RICO suit, naming all new defendants, with the exception of Hoge. This absurd fantasy involves a big conspiracy by a firm of attorneys, H.B. Gary (a commercial business), the U.S. Chamber of Commerce, and a bunch of other folks who have never met Brett Kimberlin. Kimberlin refers to them as "Team Themis."
I read the complaint. It is totally unclear to me how Kimberlin could have any legal standing in this lawsuit. There is no mention of how any of these defendants wronged Kimberlin personally, and he has no standing to sue on behalf of anyone else. I doubt that this suit will survive as long as the first RICO suit. It is nothing but great glaring generalities, making accusations of various wrong-doings without any specifics, or who did what to whom, when and why. Reading it, I am struck with a strong impression that Brett Kimberlin has simply lost his mind.
However, litigious Brett wasn't finished. In the same week he filed a million dollar lawsuit against Home Depot. Home Depot was recently the victim of hackers, who broke into its computer system and stole credit card information, which they then sold on the black market. Kimberlin claims that one of those credit cards was his. Actual damages that he claimed were around $75,000, plus one million dollars for punitive damages.
The only good thing about these lawsuits is that they may hurry the day when Brett Kimberlin is finally adjudged a vexatious litigant, and unable to file more lawsuits on his own without advance permission from a court, and without posting bond for the benefit of the defendants.