It's time for the Popehat Signal. I failed last time I lit it in this case, but I'm lighting it again, hoping that the community of civic-minded, speech-cherishing, evil-fighting lawyers will respond.
I need your help defending a stroke victim and her family against a domestic terrorist who has replaced his bombs with ongoing vexatious litigation.
Mandy Nagy is a writer. I had the pleasure of speaking with her several times; despite our rather distinct ideological differences I found her kind and devoted to doing good.
Two dramatic events have changed Mandy's life in recent years.
The first event resulted from her job: she wrote posts about how Brett Kimberlin, the sociopathic "Speedway Bomber," was reinventing himself in certain circles as an activist. That earned her a place on the list of Kimberlin's enemies — people subjected to repeated, frequent, frivolous litigation. I've written about his campaign before, from his bogus defamation cases to his fantastical RICO claims to his attempts to make mentioning him a crime. Kimberlin has repeatedly sued Mandy Nagy. As Mark Steyn says of political cases, the process is the punishment: Kimberlin's goal is to inflict ruinous cost, stress, and distraction, whatever the eventual outcome of any given case.
The second event was more random and brutal. In September 2014, Mandy had a serious and debilitating stroke. Her friends at Legal Insurrection, where she sometimes wrote, have passed along updates about her condition. Mandy, a bright, vocal, independent woman, is now fully dependent on others, slowly learning back the moment-to-moment skills we take for granted. She can understand much of what people say to her, but has significant problems communicating or reading. Her care is very expensive and quite all-encompassing for her devoted parents.
There is no way she can participate meaningfully in defending herself against a vexatious litigant, nor earn money to fund such a defense.
Naturally Brett Kimberlin, a sick and twisted predator in every sense of the word, is taking advantage.
This March, a federal judge in Maryland dismissed almost all counts of Kimberlin's ludicrous RICO suit against almost all defendants.1 Kimberlin was undeterred. He's in it to inflict pain, not to win. So he re-filed a substantially similar case in Maryland state court. Once again Kimberlin flailed at a wide range of individuals and entities — bloggers, blogs, a lawyer, anyone who had called him out. And, once again, he named Mandy Nagy as a defendant — this time as "Mandy Nagy, by her representative Ginny Nagy" — Mandy's mother. Kimberlin smirkingly noted that Mandy is "legally incompetent" and that her mother is her legal representative. Once again, Kimberlin claimed that Mandy was part of a vast conspiracy to destroy him, specifying her articles that pointed out that he was a convicted bomber, convicted drug dealer, convicted perjurer, and all-around scumbag.
Some other defendants in the case have counsel, and have filed strong motions to dismiss pointing out the frivolous and harassing nature of Kimberlin's suit. But Mandy Nagy doesn't have counsel. She can't earn money to pay one and can't write to anyone asking for help. Her parents are using their time and resources for her care and rehabilitation. Her interests aren't protected. And Brett Kimberlin will try to use her — and normal decent people's sympathy for her — as leverage.
She needs help. She needs a lawyer admitted in Maryland to represent her in this case. She needs a pro bono champion.
That lawyer would not stand alone. There are plenty of people out there not admitted in Maryland who would contribute advice, time, legal research, and backing. That lawyer would be able to join motions by co-defendants, take advantage of work already done in other cases, and appeal to the national legal community for assistance. But she needs boots on the ground. This woman — who is being harassed by a vile predator for daring to write about him — needs someone to stand up for her.
Please help. I've always been deeply grateful for responses to the Popehat Signal before. You — the community — have fought evil successfully again and again. I've mostly failed in my effort to find enough pro bono lawyers on the ground in Maryland. Some have helped already, putting in long pro bono hours to fight Kimberlin — especially Ron Coleman of Archer & Greiner PC and Bruce Godfrey of Jezic & Moyse LLC. But they can't help everybody all of the time — others need to step in.
I know I am asking a lot. Kimberlin isn't the brightest ball bearing in the IED, but he has a low animal cunning and an inexorable thirst for vengeance, and can be a huge pain in the ass. But I'm asking anyway. Please help this woman. If you're an attorney in Maryland, please represent her. If you know attorneys admitted in Maryland, please reach out to them.
Kimberlin has supporters — people who like him because he hates the people he hates, and think that the means of vexatious litigation are justified by the end of harassing wrong-thinkers. I'm not asking you to become an ideological ally of Mandy Nagy. I'm not asking you to agree with her. I'm asking you, please, to protect a tragedy-stricken family from a genuinely evil man seeking to abuse the system to punish speech that irks him.
Please help if you can.
Note: there are other people targeted by Kimberlin's litigation abuse in this case, too. They also need support, even if their circumstances aren't as harrowing as Mandy Nagy's. If this request reaches enough people to help them, too, I know Mandy would appreciate it.
- Full disclosure: one of the defendants in the Maryland federal case is Patrick Frey. As readers here know, I represent him pro bono in another frivolous and censorious lawsuit in California, and have given him pro bono legal advice in connection with Kimberlin's harassment, which I see as part of the same pattern of ideological abuse. The federal judge in Maryland preserved one cause of action against Patrick, finding that Kimberlin had alleged facts which if assumed to be true stated a cause of action. That, naturally, has been cited by Kimberlin and his dishonest sycophants as "the judge found that Kimberlin proved his case," which is utterly untrue. ▲
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