Los Angeles Assistant District Attorney John Patrick Frey, better known online by his nom de blog ‘Patterico,’ faces a civil trial for using his office to chill the free speech of Brett Kimberlin.
Judge George Hazel of the US District Court in Maryland left that charge standing even as he dismissed the remainder of Mr. Kimberlin’s federal RICO lawsuit today.
In his opinion on Count II, Hazel cited emails that have been available to us here at BU since 2012 to disagree with Frey’s assertion that his actions towards Kimberlin were merely those of a private citizen blogging on the internet.
Kimberlin maintains that on December 22, 2011, Frey met with an Assistant U.S. Attorney and FBI investigators in Dallas where they discussed Kimberlin’s alleged involvement in swatting and the criminal investigation relating thereto. […] Following this meeting, Frey apparently sent an e-mail to various individuals describing this encounter with law enforcement in which he boasts that “[s]oon high tech investigators from my office [at the Los Angeles County District Attorney’s Office] will be on [the case].” […] Kimberlin also alleges that on January 5, 2012, Frey sent an e-mail to Defendant Walker (“Walker”), using his pseudonym Aaron Worthing, in which Frey asks Walker if he would “be willing to send [Frey] a short just-the-facts-ma’am email summarizing [his] interactions with Ron and Brett [Kimberlin] including their threats to sue/file bar complaints/etc. with your real name, suitable for providing to my supervisors and possibly law enforcement?” […] Far from suggesting that Frey was acting solely in his capacity as a private citizen, these allegations support a plausible inference that Frey used his position as an Assistant District Attorney, and the authority and credibility derived therefrom, to galvanize law enforcement into launching criminal investigations into Kimberlin’s alleged involvement in swatting. Surely, the average citizen who was not an Assistant District Attorney in the Los Angeles County District Attorney’s Office, or otherwise involved in law enforcement, would not so easily be able to obtain this type of access to scarce governmental resources. Thus, accepting Kimberlin’s allegations as true, Frey appears to have invoked the powers of his state office when he encouraged law enforcement to launch criminal investigations into Kimberlin. Under these circumstances then, and at this stage of the proceeding, Kimberlin has plausibly alleged that Frey’s conduct was “fairly attributable to the state.”
In his opinion, Judge Hazel cites a three-part test that Kimberlin’s charge against Frey had to pass. According to Suarez Corp. Indus. v. McGraw,
First, the plaintiff must demonstrate that his or her speech was protected. Second, the plaintiff must demonstrate that the defendant’s alleged retaliatory action adversely affected the plaintiff’s constitutionally protected speech. Third, the plaintiff must demonstrate that a causal relationship exists between [the] speech and the defendant’s retaliatory action.
[…] When the Court considers the Suarez factors, particularly Frey’s status as an Assistant District Attorney and Kimberlin’s status as a private citizen, the Court concludes that Kimberlin’s allegations plausibly suggest that a similarly situated person of “ordinary firmness” would be chilled by Frey’s conduct and the consequences thereof. Specifically, by galvanizing law enforcement to open criminal investigations into Kimberlin, Frey created a realistic threat of arrest that would likely instill fear in an individual of ordinary firmness. Indeed, in July 2012, two FBI agents came to Kimberlin’s home to question him about his alleged role in various swattings. […] As such, the Court concludes that by creating a realistic threat of arrest, Frey’s conduct could reasonably be expected to chill the exercise of one’s First Amendment rights.
Regular readers will recall what I said recently about bothersome FBI visits that Kimberlin’s more obsessive detractors have arranged more than once for him or for his family members; this is just another chapter in that bizarre story, which is full of creeps and weirdos taking their paranoid delusions far too seriously.
In great part because of his prestige as a blogging prosecutor, Frey was the highest-profile blogger to inflate the ‘swatting’ narrative until May of 2012, when his friend Erick Erickson became a target of the provocateur(s) behind the smear. For a brief moment, the matter even seemed poised to reach the halls of Congress — but of course, it was just a smear after all.
Judge Hazel continues:
Kimberlin alleges that his First Amendment rights were chilled when he received a threatening e-mail message from someone at the Los Angeles County Sheriff’s Department after he reported Frey’s conduct to Frey’s supervisors. […] According to Kimberlin, on May 23, 2012, he received an anonymous message on his website saying: “Leave him alone. Don’t go there.” […] Believing this message to be in retaliation for reporting Frey’s conduct to his supervisor, Kimberlin checked the IP address associated with the sender, which revealed that the message came from someone at the Los Angeles County Sheriff’s Department with the IP Address 126.96.36.199. […] Drawing all reasonable inferences in Kimberlin’s favor, the Court believes that a person of ordinary firmness who received such an apparent threat from someone at the Los Angeles County Sheriff’s Department would likely be chilled in the exercise of his or her First Amendment rights. Accordingly, the Court will deny Frey’s motion to dismiss Count II of the SAC.
It should be mentioned that one of the chief activities of Kimberlin-obsessives has always been to pursue those of us who debunk their narratives as sinister agents and substitutes of Kimberlin himself. His lawsuit against the ringleaders, which was filed under the Racketeering Influenced and Corrupt Organizations law, had the salubrious effect of somewhat quieting their constant smearing and witch-hunts, but nevertheless I had set my expectations much lower than my hopes.
For RICO cases are almost impossible for federal prosecutors to win, much less a pro se litigant in civil court, and Kimberlin’s case was admittedly lighter on evidence than it should (and frankly, could) have been. But his strategy of filing relatively cheap lawsuits that tie up his enemies in endless fundraisers and legal turmoil seems at least partially vindicated today, for he has landed the biggest fish in the whole lake: now that Frey has been found to have been acting ‘under color of law,’ Kimberlin is able to attach the State of California to his remaining suit.
Furthermore, this is a nonpartisan opening for other victims to come forth. Nadia Naffe, who suffered doxing, identity theft, and harassment when Frey dumped her personal information in his blog to retaliate against her for blowing the whistle on James O’Keefe’s rapetastic shenanigans, might want to renew her objections. Jeff Goldstein, the conservative/libertarian writer behind the Protein Wisdom site, has his own bone to pick with Frey.
The taxpayers of Los Angeles may not have to support Frey’s six-figure lifestyle much longer.
So, deadbeat felon Ali Akbar walks. OK.
Brain hardened racist R. Stacy McCain walks. OK.
Senile liar and megalomaniac WJJ Hoge walks (until BK proves he and Krendler are one and the same.) OK.
Mentally deficient failed lawyer Aaron Walker, well… walks. OK.
The lot of them don’t have a pot to piss in.
Patrick J. Frey? The deputy district attorney for the County of Los Angeles? A public official adjudicated as using his office for the corrupt purpose of persecuting an individual? Patterico?
Hooked right through the gills. That fishy ain’t goin’ NOWHERE.
And without missing a step, BK segues into the next lawsuit. Did you know BK has in his possession a document issued by the Federal Government that proves Hoge and “Krendler” live at the SAME ADDRESS!!! IT’S TRUE!
Oh well, those fish are for BK to fry.
I love fish fries. Don’t you?
The rest of them are just hush puppies.
What goes around…
Let us all remember that lovely Assistant Attorney General in the state of Michigan who targeted a gay student activist. Well what happened to him when he was exposed. He was sued, and he lost his job, pension and bar license. And then the jury came back with a 7-8 million dollar judgment.
Mr. Nasty Frey is going to join that elite crew. I hope you call his bosses tomorrow and ask for comment. It is time to tell it like it is. Good work.
OMG, I just read the judge’s order, he said that Frey is on the hook and discovery can commence. So Kimberlin can get every document and email Frey ever wrote on swatting and Kimberlin. That will open up a whole new world of trouble for not only Frey but also his co-defendants. I want to give a word of advice the Kimberlin, take discovery and depositions from all the defendants re swatting–Ace of Spades, Erickson, Walker, Hoge, et al. You will be able to catch them in all kinds of lies.
So it looks like this was a huge win despite the dismissal of the RICO charge because Kimberlin got the kingpin and can keep the others on the hook with discovery. None of this would have happened without Frey — he brought in Erickson, Ace of Spades and so this is a massive win for the good guys. The others have a pyrrhic victory, because now they have to worry about Frey and about the depositions and document releases. And Frey could very well roll on everyone else, and might even turn state’s evidence just to get out from under this.
Oh and by the way, pleeeese make sure to get this decision to Nadia Naafe. Her case against Frey is pending on appeal in the Ninth Circuit and this decision will really help her to get that court to rule against Frey.
And please request a criminal investigation of Frey — he lied to federal agents for his own partisan purposes. Nail that guy to the wall.
Tell Kimberlin not to settle with Frey. Take this one all the way and bury him. Take his bar card and demand that he be fired. Everyone has always known that Frey violates the law so this is especially sweet. Reminds me of Judge Fuller who everyone knew would beat his wives but no one was ever able to nail him until the latest one got him on tape. Now he is going to be impeached and disbarred.
Please use this case to disbar Frey. The man is a disgrace to the profession.
And what is this stuff in the court order about the LA County Sheriff’s office sending threats to Kimberlin. DEMAND an investigation by internal affairs and tie that right back to Frey. That is a state and federal crime. Kimberlin might be able to root out a whole nest of bad actors like what just happened in Ferguson.
GREAT JOB. Great friggin job.
Oh, and one more thing. Kudos to Kimberlin for being the shining example of what an activist should be, and for holding these guys accountable. He got all this crap these fools did right in the federal court record so everyone knows that the defendants lied, that Walker created false narratives, that Ali is a felon etc. Great work Kimberlin. If everyone would take a lesson from this case and not back down, we would have a more civil society.
And a final note, once the other defendants realize that this is not over but rather just beginning and just how bad this is going to get…. God, This is so damn sweet.
“And Frey could very well roll on everyone else, and might even turn state’s evidence just to get out from under this.”
You people have no understanding of the legal system. This is not a criminal trial. There is no “state’s evidence”. And, the Court isn’t going to allow a fishing expedition into every other bloggers emails, etc. You people truly are funny. Every action brought by Kimberlin ends in a loss for Kimberline and you still hold out hope. Kimberlin can’t even testify in Maryland courts because he’s been adjudicated a perjurer – a liar. And yet you still worship him? He is an adjudicated pedophile. An adjudicated terrorist. And he is frankly pretty stupid – read his silly “complaints” in these lawsuit or the transcripts of his arguments, testimony and questioning of witnesses in various actions. The guy’s dumb as a rock.
Way too funny.
You worship Hoge, a Christian sadist that goes after the weak and infirm. Or felon Akbar. Or racist and tax-dodging McCain. Or Islamaphobic failure of a lawyer Walker. You’re right, Matthew, you should let your son be raised by these amazing people, since they are upstanding and good.
Way too funny. Derp. Too, too funny. Derp. You people are too funny. Derp.
Let’s assume that Hoge, McCain, Akbar, and Walker are what you say they are. I don’t know any of them personally and don’t even read most of their blogs.
Does that make Kimberlin a good person? Or honest? Or not a convicted terrorist? Or not an adjudicated pedophile? Or not a confirmed perjurer? NO. Kimberlin remains what he is regardless of what the others are.
Nor does Hoge, McCain, Akbar, and Walker being what you claim make Kimberlin’s misuse of the court system good or decent. Nor does it make his claims true.
I don’t know Kimberlin, but I supposedly worship him? Did he set off a bomb that harmed someone? If so, screw him. I am not defending him. In fact, the worshipping of Kimberlin is not a real thing, but is something that exists to the crazy crowd because it justifies their hatred. Also, if you are going to demonize Kimberlin for his misuse of the court system, then you have to demonize Hoge and Walker for the same thing. But you won’t.
I am not really aware of Hoge and Walker’s misuse of the court system. I looked at the 12 PO’s (not 300 as claimed) Hoge filed. I don’t know who Bill Schmalfeldt is or why Hoge sought restraining orders against him. If you have some citations as to the case or facts, I’d be happy to review and give my opion.
Yes, Kimberlin did set off a bomb that hurt someone. Please see here: http://en.wikipedia.org/wiki/Brett_Kimberlin
“Shortly after graduating from high school, Kimberlin was convicted in 1973 of felony perjury for lying to a grand jury investigating drug trafficking. Kimberlin had been called before a grand jury investigating drug use at his high school and was convicted for testifying that he had not sold LSD. Kimberlin served only 21 days of a one-year sentence on this charge.
By 1976, Kimberlin’s drug business was grossing hundreds of thousands of dollars a month. Kimberlin invested his free cash in such businesses as a retail health food store, a vegetarian restaurant, and an Earth shoe franchise. However, Kimberlin became a suspect in the murder of Julia Scyphers, the mother of a friend/employee of his in Speedway, Indiana in 1978.
In the first six days of September 1978, a series of bombings struck Speedway. Initially there were no injuries; however, the last bombing led to the amputation of Vietnam veteran Carl DeLong’s right leg, and left DeLong and his wife with several other injuries that required significant hospitalization and rehabilitation. DeLong committed suicide in February 1983. Investigators . . .
Finally, Kimberlin was convicted of the Speedway bombing in a trial that took 53 days and included 118 witnesses, and his sentences for all of his convictions were aggregated to a total sentence of 50 years. Kimberlin was released on parole in February 1994 after serving 13 years, but his parole was revoked in 1997 for failure to pay the civil judgments against him, and he was returned to prison for four more years before his release in 2001.”
So, long history of criminality, perjury, and violence. He was convicted of the speedway bombings. This is not a good, honest, or decent human being.
Hey, Paul Lemmen is a convicted fraudster now masquerading as a fake priest. Ali Akbar is a twice-convicted felon now masquerading as a political operative. These are not honest men either. But glad to debate our convicted felons with yours looking for honest men.
I think Lemmen has a wikipedia page, if you want to research it, Matt.
I know who Paul Lemmen is, and I have worked several frauds with him and know how he operates. It’s petty frauds to be sure, but I have still worked them enough to know how to make a few pennies a day online. Ali Akbar does look like a con man based on what I’ve read on the web and he has paid me off several times with money he has grifted off of losers on the internet who have been part of the army we have used against our Tier One target, Kimberlin. I don’t know him too much, but his money has sure been nice. Of course, being convicted of both perjury is a lot worse than what Akbar was convicted of right.
So, Akbar is a douchebag and while I take his money, I am so two faced I will call him out in public anyway, because he needs my legal services and I can call him anything I like. I own him, and he works on my plantation, and Kimberlin is a really a great guy. How does that effect the reality that this lawsuit is nonsense, probably not much but who cares right, its all fun in love and war.
Wikipedia? Really? That’s your big source? HAHAHA. Way to cut and paste your response.
If Monkey Toe (Army Vet or A Reader #1) doesn’t know who I am, how does he figure that the others were talking about ME? Why is he so familiar with my ase? (368 criminal charges, Monkey schmoe)? If you’re gonna come in here and comment,stop playing stupid. (Unless, you’re not “playing:…)
I asked you for that adjudication of being a pedo, and you come back with what? Zero. As for misuse of the court system, its fuckstick lawyers like you, and might I add, Coleman (isn’t that who you really are) who have fucked up the legal system for ages with your bullshit litigation strategies and lying to the courts and making obvious threats to various plaintiffs day after day that you are going to get them, despite losing your asses off later.
I know, I know, “My CLIENT IS INNOCENT OF THE CHARGES, and the day will come when we will have a proper airing of those charges, and we look forward to that day in court.” Then when you plea it out or give in, you’re never heard from again. Fucking loser lawyers. Here, take my last dollar you fucking snake, because that’s what lawyers mostly are, greaseball snakes living in the sewer. I hate fucking scumbags like you. Just speaking my 1st amendment rights doncha know. Just sayin, YMMV.
Can you show please a conviction for being a pedophile? Are you saying on the one hand in another thread that it isn’t a criminal trial, yet in this thread you are stating that he was convicted in a civil trial of being a pedo? Where is the adjudication you speak of? He lost a defamation case, it didn’t mean he was adjudicated of anything. Yet, because anti muslim hater and childish fuck boy Walker says so, you believe that shit automatically? What a dumb fuck loser you are to come here and say he was adjudicated of anything, and then go in another thread and say we have no legal understanding of the law.
Frey’s goose is cooked. And, I might also add, Kimberlin can now take depositions from anyone, up to and including ACE OF SPADES. Try putting that in your libertarian peace pipe to smoke you fucking illiterate 4th grader. Kimberlin can now subpoena pretty much any documents he needs to add additional evidence to the violation of his civil rights. Its dumbshits like you with minimal education who were birthed by their brothers sisters uncle who have no real understanding of what a shitfuck pile of garbage Frey is now in.
And get this fucking irony, Walker provided the evidence in which to hang Frey when he filed and lost that frivolous bullshit lawsuit against Kimberlin in the Virginia case from a few years ago. It was Walker and his discovery evidence that blew Frey out of the water, and what could possibly cost him his career, his job, and his bar license, not to mention millions of dollars paid out by the state or LA County.
Of course, you just don’t get it, yet, and probably because you’re too busy popping champagne corks over the foot soldiers that got away lol. Yeah, the foot soldiers, whom none to a man have more than 10 cents to rub together were dropped from the suit. Hooray!!! Absolutely god damn right hooray, because they were worthless, penniless vagrants. However, Frey has the state of California and the county of Los Angeles behind him, and those pockets my dear dumb fuck commenter have deep pockets for sure.
“Are you saying on the one hand in another thread that it isn’t a criminal trial, yet in this thread you are stating that he was convicted in a civil trial of being a pedo? ”
I’m saying that there were comments that seemed to believe criminal charges would stem from this lawsuit. There was talk becoming a “state’s witness”. My point is that this lawsuit is a civil lawsuit, so there is no such thing as there being a state witness.
I did not say he was convicted of being a pedophile. I said adjudicated a pedophile. there is a difference. He was not convicted in a criminal trial of being a pedophile. I never claimed that. And, that did not occur in this action, but in another setting. As I’m sure you are well aware.
“Frey’s goose is cooked. And, I might also add, Kimberlin can now take depositions from anyone, up to and including ACE OF SPADES. ”
Umm, no. He has to have a relevant reason to depose Ace of Spades. He does not appear to have one. I doubt a court will allow it. He certainly can’t “depose anyone”. That is not how it works.
He can subpoena documents – but I doubt very much it will show what you claim. And his subpoenas have to be for relevant information. As to date he has not shown any legal acumen, I doubt Kimberlin will do very well in this regard.
But, again, I could be wrong. He could win his case against Frey. I just very much doubt it.
You are a stupid fuck. There was no adjudication. It was a defamation trial you illertate fuckstick. Kimberlin lost the case but that didn’t adjudicate him of anything, and if you are a lawyer you would know that. But now you show that you are in fact, an inbred, probably by your sister. You certainly don’t have a law degree, you probably saw a law school driving by it on your tricycle, but as for being an actual graduate of law school, you just dreamed that up.
Ummm – 95% of Kimberlin’s claims were dismissed and you are claiming a victory for Kimberlin. I have no doubt Frey will win on a motion for Summary Judgment after discovery. What will you say then? Kimberlin has yet to win one of these meritless, frivolous, and dishonest cases. Too funny that you think the pedophile, terrorist Kimberlin is somehow a “winner” here. He also lost his “peace order” against Hoge. How many losses is that now versus wins?
You guys wouldn’t know the truth if it bit you on the ass. Too, too, funny.
Thanks for your opinion, Matthew B. Now please explain why Hoge’s failure of over 300 PO’s against Bill is seen as his being a big winner? Either more losses than wins makes someone a loser or it doesn’t. Which is it?
I don’t know anything about those – but if it is true – which I sincerely doubt – then if he lost, he lost.
Why do you doubt it? Look it up on the Maryland court database. Or are you super busy and important and don’t want to be bothered with them fact learnings an’ shit? Do you need someone to hold your hand to help you navigate the real world?
John Hoge asked the State’s Attorney to withdraw the 353 charges after mediation.
Because they were bogus. Mediation occurred because Hoge was wasting the court’s time, as he is apt to do. Also, do you hear yourself? 353!! Because that’s a number that screams “I’m sane!” Hoge’s crazy.
So a few minutes ago Hoge “falied” in those charges, but now you admit he dropped them of his own accord?
What else are you lying about?
And those 353 charges were a result of the STATE filing charges, not Hoge. They were a result of individual tweets made by Schamlfeldt. Crazy? Who tweets someone 353 times!? That’s “crazy”.
He dropped them because they were going to fail. The SA knew that and got tired of Hoge wasting their time. Every time Hoge gets a nasty comment, he files a complaint against Bill, despite the fact that there is no evidence. But you’re right. Hoge is clearly the rational and sane one.
Oh, really? And how do you know they were going to fail? If the SA “knew” that, why did they even file the charges in the first place? That makes no sense at all!
SA didn’t file the charges. SA dismissed them of his own accord. Hoge went to the court commissioner, mixed in enoough lies to create a sriminal complaint, and the court commissioner filed the charges.
The state didn’t file those charges you stupid piece of garbage, Hoge did, and the state nolle prossed them later. get your fucking retarded facts straight you illiterate gumbo eating slimeball.
How does a private citizen file charges against someone? They don’t, they report them to the State’s Attorney and they decide whether to charge someone.
And as far as “nolle prossed”, Uh, no. Hoge dropped them in mediation.
In MD the courts allow private citizens to file any charges they want, of course if you knew the law you would know that. Then months later the SA’s decide whether to go forward or even see if there is a case. And no, Hoge agreed to drop them after a mediation and the SA nolle prossed them. The state didn’t have a case anyway. It’s a fucking at mention on twitter, yet Hoge following Kimberlin’s daughter or Walker accidentally following a `14 year old girl is OK.
Either Hoge dropped the charges OR they went to trial and were nolle prossed. You can’t have both.
And if they were nolle prossed, there would be a record of them. How about a link?
See above. Why not get back to Frey and how he is about to be boiled in oil? That smell, that sweet bacon smell.. Hrmmm… Love that smell lol.
You mean like Hoge et.al. were doomed when Kimberlin’s state case went to trial? Directed verdict?
ETA: Yea, see above. I posted Bill’s actual words admitting Hoge dropped the charges.
No, like a federal judge just said that Frey acted under color of law and violated Kimberlin’s civil rights under the umm, what’s that document you guys always run around with, oh yeah, the US Constitution. Yeah, how’s that going for the lone defendant in the case? Not very good I imagine.
You did no such thing, liar.
Right, they’re just magic charges. Hoge didn’t even have to raise a finger of complaint to make them happen because the state of Maryland was Johnny-on-the-spot and filed those charges for him, then nolle prosse’d them because LOGIC. I hear that Hoge can also levitate with magical unicorn farts.
Hoge didn’t file the charges, so Hoge can’t DROP the charges. And the charges were nolle prossed weeks before the trial. That’s the trouble with you Lemmemgs. You purchase the lie when the truth is readily available.
No, they DON’T report them to the state’s Attorney, dimwit. They report them to a court commissioner and the burden for probable cause is very low.
Which is bullshit because SA’s cannot withdraw charges at the request of a citizen. So the “Magnanimous Hoge” story is just another Hoge Ass Kiss Lie.
give me the cite to the Maryland court database to which you refer and I will do so. Not sure why that is asking too much – surely you want to inform me and change my opinion?
Look up Hoge and Schmalfeldt.
Just did. there are exactly 12. Where does this 300 number come from?
If you are claiming 300 – it means you never actually looked. Which means you are the lazy one. I looked as soon as I knew where you were citing to.
Where are the other 288 POs that Hoge allegedly sought?
Did you look into any of the claims, genius? Open the cases and then scroll down to see the number of charges. Seriously, is this your first day using the internet? You’ve got time to troll but no time to research. Got it.
I did. they do not support remotely what you are claiming. Each of the 12 applications is for a single PO. You claim Hoge sought 300 POs. 12 does not equal 300.
Now you seem to be claiming there were 300 different “charges” in the 12 POs. But so what? that is not seeking 300 PO’s. He sought 12 different POs. Some PO’s cited multiple claims as a basis.
But, what you are saying is that there were 300 PO applications. Which is untrue. It is like saying that Kimberlin just lost 19 lawsuits because his complaint, that had multiple claims (let’s say it had 20 claims, I don’t have the Complaint in front of me), only had 1 claim survive.
Do you see it is not accurate to claim 300 POs? I know it sounds better, but it just isn’t true. Now, if you said Hoge sought 12 PO’s against Bill SCHMALFELDT (not Kimberlin, so not sure how it is even relevant to this discussion) and those 12 PO’s claimed 300 different basis, then you would be honest.
So, do you admit you are wrong in your characterization, or do you just want to call me a troll some more?
Fuck Hoge, this thread is about Frey, and despite your lame attempts at thread jacking, we will now steer back onto the internet highway towards the doom and gloom of Frey. Beep beep!!!
Good. Can’t respond. I wasn’t the one who brought up Hoge and 300 POs. I merely responded. So, I did not threadjack.
But, it is interesting that you people can’t have an honest discussion about these things.
You’re not looking for an honest discussion, Matt. Your first comment was about “you guys” and not knowing the truth if it bit you on the ass. You came here convinced of a truth and brought an ‘us against them’ mentality from the first paragraph. You came here because you wanted to argue and do some trolling.
But, let’s note a PO is basically a restraining order. Losing one of those is not like losing a lawsuit where you are claiming money damages. I find the claim of 300 PO’s pretty absurd. Can you cite me to a clerk’s office where I can view the filings of 300 applications for 300 separate PO’s? I’d like to check out that claim from a verifiable source to see if it is true. If true, it is strange. But, as I said, I sincerely doubt it is true. But hey, I’m open to being convinced.
Just to put this side issue to bed, here is the admission that Hoge dropped the charges, not that he lost:
Imagine that. Once again screwed by Schmalfeld’s own words.
It isn’t about Schmalfeldt or Hoge. This topic is about Frey and Color of law and violating a man’s civil and 1st amendment rights. Or have the libertarians suddenly forgot the constitution in their desperate but failed attempts to get at an innocent man?
Sooo Hoge had the POWER to make the charges go away? How is this possible if the state is solely responsible for them?
Are you a third grader? The SA set up the mediation to save Hoge’s face when they dropped his charges.
So if 5 percent of the claim is left standing, and that happens to be the kingpin behind it all that has to face violating Kimberlin’s 1st amendment rights, then that somehow is still a loss to you? What happened to all you free speechers talking about free speech and your 1st amendment rights being violated by the government?
Frey is, after all, part of the government. And a federal court/judge found that there was enough information to proceed on those merits alone. Yet, because of your personal association with him, you throw out all that bullshit about the government is here to take my guns away and violates my 1st amendment rights, and instead coy up to an agent of the government found to be violating someone’s rights.
I pity you petty libertarians who bitch and moan about how Obama is taking away your rights/guns and the government sucks, but when the government or their agent is a personal friend, well, he can do whatever he wants. Hell, you stupid fucks would probably allow him to take your guns away or violate any rights you had just because you knew him. God, what a bunch of dumb illiterate fucks you stupid pieces of libertarian right wing tea party shit you truly are.
So stupid, in fact, that you don’t even realize that Frey violates people’s rights and somehow you want him to get away with it. Fucking dumbshits.
As for him winning? Imagine in your worst nightmares the discovery from the FBI, police, supervisors at the LA County DA’s office, the State of California, and a host of other subpoenas that can now be issued to dig deeper into what really happened. Imagine in your worst nightmares that because of this ruling, Frey, LA County and even the state of California is going to have to answer for Frey acting under color of law in pursuing someone innocent of those charges he laid, with ZERO fucking evidence to back that up with I might add. And, who no doubt was on a personal revenge mission against an innocent guy who had nothing to do with what Frey accused him of.
Of course, you dumb fucks don’t get it, yet. But you will, eventually you will. And when you do it will be another round of bullshit statements coming from your camp about how wrong it is for an agent of the government to be held accountable for his actions in violating 1st amendment rights of a US Citizen, and despite who that citizen is or your feelings towards him, it could be you next. Then what say you, you dumb piece of illiterate shit?
Wait until something like that happens to you, then come back here and tell us what you really think. Until then you obviously don’t know the reality of that ruling. But you will one day. By that time though, the money will have been paid to the plaintiff and the responsible party, in this case (Frey) will have long left his job, and the power that he had over others will have finally evaporated.
Let’s save this post for when the case is dismissed on summary judgment. You do realize that this decision was based only on the allegations in the complaint? Basically, on a motion to dismiss the court has to accept all of the complaint’s allegations as true. The court said that even assuming all of the nonsense in the complaint was true – he still dismissed 95% of the claims.
But, he said that accepting the claims as true, the 1st amendment claim against Frey can go forward. That doesn’t mean it wins. Because now Pedophile has to prove his claims. I sincerely doubt that will happen. We’ll see.
As far as subpoenas? Big whup. Your paranoid delusions is that there is some conspiracy against Kimberlin and subpoenas will prove it. I sincerely doubt that. I doubt anyone “fears” such subpoenas.
As I practice in this area of law, I know exactly what the ruling does and does not mean. It does not mean what you think it means. As I said, we’ll wait and see the outcome of the first amendment claim, but I sincerely doubt that is going anywhere. Please note, the claim is not against the FBI, or the DA’s office, or the State, or the County. So your arguments about all of them “fearing” anything are nonsense. those institutions will not have to pay a dime or participate in the litigation. they may have to respond to reasonable subpoenas for relevant information, but not the fishing expedition you envision. And Frey will not lose his job over this. Will not happen.
So, your understanding of the lawsuit, the claims, discovery, or this Decision is non-existent. It is a claim against Frey personally, not against anyone else. And, first amendment claims like this rarely win, and based on Kimberlin’s track record and veracity, I sincerely doubt he will win this one. I doubt it will survive a motion for summary judgment once discovery is over. If it does, imagine putting Kimberline, adjudicated pedophile, adjudicate terrorist, adjudicated perjurer on the stand. I’m sure a jury will love him and think he is telling the truth.
but hey, what do I know. Keep spouting your paranoid delusions of a conspiracy and cheering on a terrorist who harasses people with frivolous lawsuits.
Look Colman, You are a 1st amendment attorney right? Yet, your fucking hosebag snake client got fucked for screwing over someone’s 1st amendment rights under color of law. Yeah, I heard all that horseshit about its just a prelim and all. But the evidence was very clear on this subject from the judge.
My take is you will eventually settle the case. And this doesn’t stop Kimberlin from filing against LA County and or the state of California. He can dig deep as he wants on a host of issues, and the fact is, discovery can and usually is a bitch. In a color of law case, most are routinely settled after a proper airing of the grievances, and so at some point there will be settlement, and you will look for it to save your clients ass. If you didn’t, you would be the dumbest fucking snake lawyer on the planet.
What? What are you talking about? I’m not involved in this lawsuit – how paranoid are you. I’m just commenting on it.
Again – the court takes the ALLEGATIONS (that means things Kimberlin claims, not things that are proven or that there is any evidence for) as true on a motion to dismiss. That doesn’t make those allegations true. It merely means the Court – on a motion to dismiss only – has to give those allegations the benefit of the doubt. The judge wasn’t citing evidence. He was citing the ALLEGATIONS that Kimberlin made.
At the next stage, Kimberlin either proves those allegations with evidence, or does not. I’m betting he will be unable to do so. But, again, we’ll see.
And, most “color of law” cases (i.e., 42 USC Section 1983 cases) are not settled. 95% are dismissed either on a motion to dismiss (on the pleadings) or on a motion for summary judgment (after discovery). Another 2-3% are disposed of with what is called nuisance settlement (paying something like $10,000 or so – an amount that is less than the cost of making a motion, just to save time and money).
And “color of law” is not really a genre of cases. All 1983 cases are “color of law” cases. Every single one. You can’t have a 1983 claim UNLESS there is some allegation that the action taken was under color of law.
Finally, even if Kimberlin were to win his case, it is difficult to see what his damages actually are. You don’t get millions just because your rights were violated in some way. You have to show actual damages. I don’t see it here. He would likely get some small amount from a jury at best for his troubles. And, since he is pro se – he wouldn’t even get attorney fees. So, even a win here by Kimberlin is not likely to be as dramatic as you seem to believe it would be.
It would, however, be very dramatic for Frey.
Frey violated his civil rights
Of that I have no doubt.
Gawd, I hope Kimberlin does not settle. Drag this Frey character through the frying pan along with all his minions.
Are we calling ourselves “MonkeyToe” because our pussy is too tiny to make a decent moose knuckle or camel toe?
I am from LA and we have had a lot of problems with the cops and district attorney. I think the new LA DA is serious about weeding out those who violate the law, and it sounds like Mr. Frey is a prime candidate for firing. And here is what I would suggest to you reporters who are covering this story. Contact the LA Public Defenders Office and tell them about Frey’s corruption. Urge them to demand a review of every case Frey has prosecuted or been involved in. It is possible that with enough noise, all those cases can be reopened, and a lot of people he screwed over can get released from prison.
If Frey is willing to violate the law to go after some nobody from Maryland, I would bet that he would violate the law to go after some gang banger that he did not have cold. Threats, planted evidence, getting cops to lie, that’s all stuff that Lacey should look into. Frey is another Ferguson PD and Court system. You only need to start looking into that closet and all the skeletons will start rattling. Hello Justice Department!!!
There have been a number of state and federal prosecutors fired recently for attacking people on blogs or Twitter. I think it’s only a matter of time before Mr. Frey is terminated. Everyone should call our new DA Lacey and demand action against Mr. Frey. He is an utter disgrace to our city. I called my representative today to complain and demand that he be fired. We need a campaign launched to get rid of him. He is a nuisance.
So Larry Klayman files a frivolous RICO case against the Clintons over some emails but no condemnation from Hoge, Walker et al. http://www.freedomwatchusa.org/klayman-files-rico-racketeering-case-against-hillary-and-bil
And Hoge himself filed what 400 pleadings against Bill Schmalfeldt that were all dismissed.
And where were these fools when Orly Taitz was wasting valuable court resources by filing scores of frivolous lawsuits alleging that Obama was born overseas. Where is Orly today re Cruz, who admits being born in Canada.
These right wing nut jobs are a bunch of hypocrites. They are only in this for the money and to see their names in print. They can all go to hell afaic.