FEDERAL CASE AGAINST KIMBERLIN – DISMISSED! Judge Cautions Walker, ‘Similar Filings Could Mean Sanctions!’
DETAILS TO FOLLOW:
So, let’s see if we can’t break this down for you in English.
1. The action brought by Aaron Walker, for which he raised a great deal of money under false pretenses, saying he had lost his job because of Kimberlin’s threats, has been tossed out by the judge. With prejudice. That means double jeopardy has attached and the charges can not be brought again.
2. The judge dismissed Kimberlin’s motion for sanctions against Walker and his attorney, but the judge turned him down — with a warning that if he sees any further harassment of Kimberlin from Walker or Backer — THERE WILL BE SANCTIONS!
3. Walker had been seeking a declaration from the court that Kimberlin has been picking on him with frivolous lawsuits, and asked that Kimberlin get approval from an administrative law judge before bringing any further action against Walker. The judge called bullshit on that, saying he had no authority to require a court to require an administrative law judge to approve any filing by anyone against anything. Walker made a claim for $150,000 in punitive damages, but made no claim for compensatory damages. So, the judge decided according to precedent he could not recognize the claim.
4. The judge decided not to insert himself into the political dispute between Walker and Kimberlin. But he cautioned Walker that if he files a similar suit at any time in the future, he very well could decide to file sanctions against him.
This is a huge victory for the Kimberlin camp, although a Virginia case still remains to be decided on Dec. 4. Legal authorities who have examined Walker’s claim against Kimberlin in Virginia are unanimous in their belief that case will be thrown out as well.