Lawfare Pushback: Aaron Walker Sues Brett Kimberlin and Wife for Malicious Prosecution

If you have  been following the long lawfare saga of Brett Kimberlin vs the Universe, you know how many people that Kimberlin has sued for frivolous and vexatious reasons.  One of Kimby's first targets was an attorney named Aaron Walker, and over a period of three and a half years, Kimberlin made Walker's life a living hell.  Walker wrote about Kimberlin's criminal past and vexatious legal filings, and Kimberlin attempted to use the court system to silence Walker, or in the alternative, to ruin Walker's life and career through frivolous lawsuits.  These lawsuits have been dismissed except for one remaining, and Walker expects it to be dismissed as well.

FINALLY, Walker is in a position to push back.  In June, he filed a lawsuit against Kimberlin and his wife, Tetyana, for malicious prosecution, abuse of process, false imprisonment, and seeking an injunction. Get more information at http://allergic2bull.blogspot.com/.

You can read Walker's legal brief on Scribd here.   It describes the history of Kimberlin's persecution of Walker, as well as the damages Walker seeks.  Unlike Kimberlin's rambling and ambiguous briefs, it is well written and specific as to the torts inflicted by the defendant onto Walker.

Payback, they say, is a bitch.  Now Brett Kimberlin gets to enjoy the pressures, the expense and worries he inflicted on others via the legal process.  There is one major difference, however.  Walker's lawsuit is neither vexatious nor frivolous.

Note to Brett Kimberlin: Pro Se Litigation Works Both Ways

Hogewash is reporting this morning that the federal copyright lawsuit against Kimberlin Unmasked will go forward.  Judge Titus of the federal court accepted Kimberlin's amended complaint, which allegedly identifies the person or persons blogging as Kimberlin Unmasked.  As a result, Judge Titus has ordered the issuance of summons to the defendants.

It's amazing how much a vengeful litigant, acting as his own attorney, can disrupt lives and cost his targets lots of time, money and mental anguish.  Lawsuits are often nothing more than legal extortion, but you have to go through the process of the litigation.  Knowing that the system is grossly flawed won't protect you from the system.  To defend yourself, you need to learn how to use the system.  You must go through the process, no matter how repugnant or fearful it seems to you.  When I was being sued by a ruthless POS plaintiff, I kept this little piece of verse in mind:

Have you come to that Red Sea time in your life,

When in spite of all you can do,

There is no way out, there is no way back,

There is no other way but through.

Face the lawsuit with determination to win it.

To escape financial ruin, you may need to learn how to become a pro-se litigant, to defend yourself from lawsuits and to file your own lawsuits -- perhaps for malicious prosecution against those plaintiffs who abused the system and lost their lawsuit against you.  (You can also file a counter lawsuit against the plaintiff for wrongs he may have done to you.  Kimberlin Unmasked may have some great reasons to countersue.)

Google "pro se litigants" and you will find numerous resources on how to be a pro se plaintiff or defendant, how to deal with pro se lawsuits against you, and the knowledge and skills you need to carry it all off.  For instance, check here.

I have been a pro se defendant in the federal court system (Ninth Circuit), and won.  My opponent intended to use the court system to ruin me financially, but by firing my attorney and taking over my own case, I denied him that weapon (if you can afford an attorney, use one -- I fired mine because I couldn't meet her demands for up front fees).  The suit cost me time and money, but it cost the plaintiff even more.  Once all their appeals were exhausted, my opponent and his attorney began suing each other, to my sublime delight.

I will begin researching the literature and available resources that are available to those who wish to represent themselves in lawsuits, either as a plaintiff or a defendant.  I will prepare myself to become a pro-se litigant, merely as a defensive measure, if nothing else. 

I'll report back on what I find.

Brett Kimberlin Serves The Entire State of Maryland (Cartoon, Photoshop)

Bill Schmalfeldt Dazzles Court With His Legal Brilliance (Cartoon, Photoshop)

Brett Kimberlin Orders Pizza (Cartoon, Satire, Photoshop)

Convicted Bomber Brett Kimberlin Files Lawsuit Against Major Conservative Pundits and Bloggers

Brett Kimberlin In Happier Days

Leftist political activist Brett Kimberlin was convicted of planting bombs in and around the city of Speedway, Indiana in the late 1970s.  Before that, Kimberlin was busy smuggling large amounts of marijuana into the country by plane.  See Mark Singer's book "Citizen K" for the complete history of Kimberlin's criminal past.

Kimberlin was released from prison in 2001, on parole, after serving about 17 years of his sentence.  Since then he has reinvented himself as a leftwing politico.  He started two nonprofit organizations and has raised around $2 million in donations from leftist celebrities and other donors.

Kimberlin has enemies, and has filed over 100 lawsuits against people he doesn't like, acting as his own attorney.  If you write anything about him that is uncomplimentary, you run the risk of being sued.  Kimberlin's suits are almost all frivolous, and are designed to damage his enemies by forcing them to expend time and money to defend themselves from the suits.  His goal appears obvious:  intimidate critics to prevent them from writing abut his criminal past, so he can continue to obtain donations from liberal and leftist donors.

This week, ViralRead reports that Kimberlin's irrational behavior shows a sharp uptick, in that he has now sued major conservative pundits like Michelle Malkin and Glenn Beck.  ViralRead reports:

Convicted bomber Brett Kimberlin filed a federal lawsuit Wednesday that names as defendants syndicated columnist Michelle Malkin, Red State editor Erick Erickson, talk radio host Glenn Beck, investigative journalist James O’Keefe and others, claiming they are part of a “criminal racketeering enterprise” under federal R.I.C.O. statutes.

 It appears obvious to this blogger that Brett Kimberlin is a "vexatious litigant," someone who files numerous, frivolous lawsuits, in effect abusing the justice system to pursue personal vendettas or extort defendants.  Now that major figures like Malkin and Beck have been included, perhaps they will get Kimberlin officially designated as a "vexatious litigant."  Vexatious litigants are generally forbidden to file any more lawsuits without the prior approval of a judge, who reviews the validity of the lawsuit before allowing (or disallowing) it to be filed.

Read the ViralRead article here.

Donate to the legal defense fund for Kimberlin-sued bloggers here.

Kimberlin's lawsuit brief is available for viewing here.