walker v. maryland fac (redaction)

8/20/2019 Walker v. Maryland FAC (Redaction)

1/33

MARYLAND:

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY

Aaron Walker,

[redacted

Mana!!a!, "#r$#n#a %&'&(

)la#nt#**

+ Ca!e No

-tate o* Mar.land,

-er+#ce on:

O**#ce o* Attorne. General,%&& -t )a/l )lace,

0alt#1ore, Mar.land %'%&%

D#!tr#ct Co/rt o* Mar.land *or Mont$o1er. Co/nt.,

2O**#c#al Ca3ac#t. Onl.4

'(' Ea!t 5e**er!on -t

Rock+#lle, Mar.land %&67&8%9%7

5on McCart.,

-tate;! Attorne. *or Mont$o1er. Co/nt.,2O**#c#al Ca3ac#t. Onl.4

7& Mar.land A+e, 7 t Floor,

Rock+#lle, Mar.land %&67&

De*endant!

FIR-T AMENDMED COM)LAINT

NOW COMES, the Plaintiff, Aaron Walker, Esq., and files this First Amended Complaint

against the Defendant, the State of Marland and indi!id"al entities of the state, spe#ifi#all the

Montgomer Co"nt Distri#t Co"rt and the Montgomer Co"nt Distri#t Commissioner, in their

offi#ial #apa#ities.


2/33

)RELIMINARY -TATEMENT

$. Altho"gh more detail %ill &e pro!ided shortl, a &rief o!er!ie% ma &e "sef"l.

'rett Coleman (im&erlin is a felon %ith #on!i#tions related to a serial &om&ing #ampaign,

per)"r, do#"ment forger, and other #rimes less rele!ant to these pro#eedings. For %ell o!er

fi!e ears, Mr. (im&erlin has &een attempting to reha&ilitate his rep"tation, not & doing good

%orks demonstrating that he has reformed &"t & *&rass+kn"#kle rep"tation management

in!ol!ing attempts to intimidate those %ho speak and %rite a&o"t him into silen#e #on#erning his

#riminal past and #"rrent a#ti!ities.

-. his la%s"it is #on#erned, ho%e!er, %ith a spe#ifi# aspe#t of Mr. (im&erlin/s

intimidating &eha!ior0the %a he has enlisted the aid of instr"mentalities and agents of the state

of Marland to #arr o"t his #ampaign to silen#e his #riti#s, parti#"larl Mr. Walker. S"#h

#ond"#t has !iolated the rights of Mr. Walker and others "nder the Marland Constit"tion. First,

on 1an"ar 2, -3$-, Mr. (im&erlin attempted to e4tort Mr. Walker into silen#e & threatening to

file false #riminal #harges. When Mr. Walker ref"sed to gi!e in to that e4tortion, Mr. (im&erlin

attempted to frame Mr. Walker for a #rime and s"##eeded to a large degree. his %as made

possi&le &e#a"se a Montgomer Co"nt, Marland, Distri#t Co"rt Commissioner didn/t &elie!e

one m"st ha!e e!iden#e in order to determine that there is pro&a&le #a"se, and & a State/s

Attorne/s offi#e that didn/t re!ie% the !ideo e!iden#e e4onerating Mr. Walker for nearl three

months. his harmed Mr. Walker as follo%s5 & #a"sing stress and an4iet6 potentiall

#ontri&"ting to the loss of Mr. Walker/s )o&6 and #a"sing legal fees to &e in#"rred %hen

defending against this attempt to frame him.

2. When Mr. Walker reported to the p"&li# a&o"t Mr. (im&erlin/s attempt to frame

him for a #rime and a&o"t the indifferen#e of state offi#ials to Mr. (im&erlin/s #riminal #ond"#t,

-


3/33

Mr. (im&erlin "sed the instr"mentalities of the State of Marland to silen#e and harass Mr.

Walker again. Spe#ifi#all, he #on!in#ed the Commissioner to file #riminal #harges against Mr.

Walker &ased on allegations that, e!en if tr"e, did not amo"nt to #riminal #ond"#t. 'ased on

these allegations of a non+#rime, the Commissioner also p"t o"t a %arrant for Mr. Walker/s

arrest. Mr. Walker %as arrested and in#ar#erated shortl after%ard. No offi#ial from the State of

Marland has e!en apologi7ed for this. Most egregio"s, Mr. (im&erlin #on!in#ed 1"dge

Corneli"s 8a"ghe to prohi&it Mr. Walker from %riting as a )o"rnalist a&o"t Mr. (im&erlin for

si4 months, a r"ling so flagrantl "n#onstit"tional that 1"dge 8a"ghe disregarded #ontrolling

S"preme Co"rt pre#edent & name. When 1"dge 9"pp staed that r"ling on appeal, he #ited

same #ase 8a"ghe disregarded. :o%e!er, Mr. Walker %as silen#ed for nearl a month. S"#h

#ond"#t !iolated Mr. Walker/s rights "nder the Marland De#laration of 9ights, trespassing "pon

Mr. Walker right to free e4pression ;Art. =, and his right to d"e pro#ess ;Art. -. Mr. (im&erlin is not a part, &"t it is %orth taking a moment to introd"#e him. :e

is a #on!i#ted felon %ith a long #riminal histor. :e is &est kno%n as *he Speed%a 'om&er.

he Si4th Cir#"it des#ri&ed that #rime spree as follo%s5

2


4/33

@'rett (im&erlin %as #on!i#ted as the so+#alled BSpeed%a 'om&er,B %hoterrori7ed the #it of Speed%a, ndiana, & detonating a series of e4plosi!es inearl Septem&er $. n the %orst in#ident, (im&erlin pla#ed one of his &om&sin a gm &ag, and left it in a parking lot o"tside Speed%a :igh S#hool. CarlDelong %as lea!ing the high s#hool foot&all game %ith his %ife %hen he

attempted to pi#k "p the &ag and it e4ploded. he &last tore off his lo%er right legand t%o fingers, and em&edded &om& fragments in his %ifeGs leg. :e %ashospitali7ed for si4 %eeks, d"ring %hi#h he %as for#ed to "ndergo nine operationsto #omplete the amp"tation of his leg, reatta#h t%o fingers, repair damage to hisinner ear, and remo!e &om& fragments from his stoma#h, #hest, and arm. nFe&r"ar $2, he #ommitted s"i#ide.

Kimberlin v. White, F.2d ?-, ?-+- ;>th Cir. $2=5

. his is #ertainl not the onl #riminal or immoral thing Mr. (im&erlin had done.

Mr. (im&erlin also has a histor of dishonest. :e has &een #on!i#ted of per)"r, ;see, e.g.,

United States v. Kimberlin, 3? F. -d -$3, -2< ;th Cir. $>==, and of #rimes related to

do#"ment forger, id. at --+--. Hater, he %as fo"nd to &e lia&le to the DeHong %ido% for o!er

I$ million, &"t pro#eeded to engage in *de#eitf"l mane"!ers to hide his a&ilit to pa this de&t,

his #ond"#t &e#oming so atro#io"s that his parole %as re!oked as a res"lt. Kimberlin v. Dewalt ,

$- F. S"pp. -d


5/33

. Sin#e lea!ing prison more than a de#ade ago, Mr. (im&erlin has set himself "p as

a li&eral politi#al a#ti!ist. :e r"ns t%o non+profits5 the 1"sti#e hro"gh M"si# Pro)e#t, and

8el!et 9e!ol"tion. 'oth *#harities appear to do little to no a#t"al #harit %ork and appear to &e

r"n as Mr. (im&erlin/s personal pigg &ank. ndeed, Mr. (im&erlin #laims to %ork f"ll time for

&oth #harities, at eight ho"rs a %eek, &"t #laims to &e onl paid & one0a pittan#e of I$,?33

to s"pport a famil in#l"ding t%o #hildren.

HOW MR WAL


6/33

a##essed !ia the internet at5 http5KKpatteri#o.#omK-3$3K$3K$$K&rad+friedmans+partner+and+&"dd+

a+#on!i#ted+&om&er+per)"rer+and+dr"g+sm"ggler+s"spe#ted+m"rderer+and+ele#tion+integrit+

heroK. Mr. Fre %rites for and r"ns this site as a ho&&, %hile his *da )o& is as a Dep"t

Distri#t Attorne in the :ard#ore Jang nit, in the Hos Angeles Co"nt Distri#t Attorne/s

Offi#e. Soon thereafter, Mr. (im&erlin %rote to Mr. Fre and Ms. Nag threatening them %ith

la%s"its. Mr. Fre responded & asking Mr. (im&erlin to spe#if %hat fa#t he %as getting

%rong, and offering0if Mr. (im&erlin had proof0to #orre#t an errors. Mr. (im&erlin ref"sed

to detail an spe#ifi# errors, %riting instead that * ha!e filed o!er a h"ndred la%s"its and

another one %ill &e no s%eat for me. On the other hand, it %ill #ost o" a lot of time and

mone@. he f"ll te4t of this email e4#hange #an &e a##essed at5

http5KKpatteri#o.#omK-3$3K$3K$$K&rett+kim&erlin+threatens+to+s"e+meK.

$2. At that time, Mr. Walker %rote )o"rnalisti#all on Patteri#o.#om d"ring his off

ho"rs5 his *da )o& %as as #orporate #o"nsel for a home health#are agen#. Mr. Walker %rote

anonmo"sl ;as *Aaron Worthing= for t%o reasons. First, Mr. Walker has hidden disa&ilities,

and he %anted to prote#t himself from "nla%f"l dis#rimination %hile speaking freel a&o"t his

e4perien#es %ith those disa&ilities and the dis#rimination the inspired. Se#ond, Mr. Walker had

parti#ipated online in protests against terroristi# attempts to silen#e others and, o"t of deferen#e

to his %ife/s fears, he %ished to remain anonmo"s for that reason as %ell.

$


7/33

#alled him that ironi#all, Mr. (im&erlin re#entl lost another #ase for defamation &e#a"se Mr.

Walker and others #alled him a pedophile. Mr. Walker and his #o+defendants %on that #ase on

the iss"e of tr"th.

$?. While Mr. (im&erlin didn/t immediatel s"e Mr. Fre or Ms. Nag, he and his

allies &egan a #ampaign of intimidation against them &oth, attempting to get them fired from

their )o&s, pla#ing their personal information on the internet, and %riting defamator pie#es

a&o"t them on the internet. Mr. (im&erlin and his allies learned that Ms. Nag %as a !i#tim of

se4"al assa"lt and mo#ked her for her s"ffering. Mr. (im&erlin and his allies filed false &ar

#omplaints against Mr. Fre, tried to #onta#t attornes %ho Mr. Fre had dealt %ith in #o"rt, took

a pi#t"re of a naked man in a 8iking helmet and falsel #laimed it %as Mr. Fre0all to p"nish

him for speaking tr"thf"ll a&o"t Mr. (im&erlin.

$>. Most serio"sl, Mr. Fre %as SWAted. his is a relati!el ne% term referring to

a *prank in %hi#h a person #alls the poli#e and makes a false report of a dangero"s sit"ation. n

Mr. Fre/s #ase, someone #alled $$ "sing a ha#ker te#hniq"e to make emergen# ser!i#es

&elie!e the impersonator %as #alling from Mr. Fre/s home n"m&er. he #aller told $$ that he

%as Mr. Fre and that he had shot his %ife. hen he h"ng "p. he p"rpose of this #all %as to

in!oke an e4treme and dangero"s poli#e response, ideall %ith a SWA team &eing #alled to the

home. his is %here *SWAting gets its name and its "n"s"al #apitali7ation.

$. his #aller %as s"##essf"l. 1"st after midnight, on 1"l $, -3$$, the poli#e #ame

kno#king at Mr. Fre/s door. :e opened it to see se!eral g"ns pointed at his fa#e. Mr. Fre had a

phone in his hand &e#a"se (im&erlin/s all, 9on 'rnaert, had )"st #alled him. f Mr. Fre had

&een "nl"#k, one of the poli#e might ha!e mistaken that phone for a g"n and killed him. Mr.

Fre later o&tained a #op of the fra"d"lent $$ #all and #ommissioned !oi#e print analsts to


8/33

determine the identit of the #aller. he report fo"nd %ith o!er ninet per#ent #ertaint that 9on

'rnaert made the SWAting #all.

$. One #an read a more detailed des#ription of the harassment Mr. Fre fa#ed at the

hands of Mr. (im&erlin and his allies and listen to the SWAting #all at this internet address5

http5KKpatteri#o.#omK-3$-K3?K-?K#on!i#ted+&om&er+&rett+kim&erlin+neal+ra"ha"ser+ron+&rnaert+

and+their+#ampaign+of+politi#al+terrorismK.

$. "rning &a#k to the la%s"it against Seth Allen, sin#e Mr. Allen %as %riting "nder

a pse"donm, Mr. (im&erlin %ent thro"gh the pro#ess of identifing him "nder Indeendent

!ewsaers, Inc. v. "rodie,


9/33

do so. n the same hearing, the #o"rt determined %hat damages had &een done to Mr. (im&erlin

&ased on the defa"lted #omplaint. he #o"rt fo"nd no damages %ere pro!en, and granted onl

nominal damages as %ell as an in)"n#tion for&idding Mr. Allen from defaming Mr. (im&erlin.

-2. Mr. (im&erlin then immediatel #laimed that Mr. Allen had !iolated that order

and o&tained a 1an"ar , -3$- hearing on %hether Mr. Allen %as in #ontempt.

-


10/33

-. On 1an"ar 2, -3$-, Mr. (im&erlin sent an email to Ms. (ingsle. Altho"gh

stled as a settlement offer, in fa#t it %as an attempt to e4tort Mr. Walker into silen#e. t %as also

fra"d"lent &e#a"se Mr. (im&erlin represented that he didn/t kno% Mr. Walker/s identit. :e

demanded that Mr. Walker take do%n all posts dis#"ssing him and his #riminal #ond"#t and

threatened to file false #riminal #harges against Mr. Walker if he ref"sed. When Mr. Walker

didn/t gi!e in to those o!ert threats, Mr. (im&erlin set o"t to do e4a#tl %hat he threatened to do.

MR = the fa#t Mr. Walker o&tained a JED, >= the fa#t Mr. Walker

o&tained a degree at the ni!ersit of North e4as, = the fa#t Mr. Walker grad"ated from ale

Ha% S#hool in -33-, = Mr. Walker/s #"rrent )o&, = his #"rrent emploer, $3= his #"rrent

emploer/s address, and e!en $3= fa#ts related to a #ase filed "nder seal.

23. his %as done %ith the spe#ifi# intent of p"tting this personal information into the

p"&li# re#ord and, from there onto the internet. One of Mr. (im&erlin/s self+des#ri&ed

*asso#iates, Neal 9a"ha"ser, has a long histor of taking an information Mr. (im&erlin filed in

#o"rt and p"tting it on the %e&. herefore, Mr. (im&erlin reg"larl p"ts personal and

em&arrassing fa#ts, and allegations into legal do#"ments, so that Mr. 9a"h"aser #o"ld p"&lish it

on the internet "nder the !eil of simpl sharing p"&li# do#"ments. his pra#ti#e is referred to as

*do44ing.

$3


11/33

2$. Mr. (im&erlin didn/t ser!e this do#"ment on Mr. Walker "ntil 1an"ar , -3$-, a

Sat"rda. :e did not ser!e it on Ms. (ingsle &"t sent it & email to Mr. Walker, in order to

ta"nt Mr. Walker %ith the fa#t he had *do44ed Mr. Walker.

2-. On Monda, 1an"ar , a hearing %as held on %hether Mr. Allen %as in #ontempt.

Mr. Walker appeared at that hearing and made an emergen# oral motion to seal the motion to

%ithdra% filed & Mr. (im&erlin. Mr. (im&erlin %as asked & 1"dge 9"pp %h he felt it %as

ne#essar to p"t this amo"nt of personal information into the motion, and Mr. (im&erlin stated

that he %anted to share it %ith the %orld. Finding no )"stifi#ation for the in#l"sion of all of this

personal information into the p"&li# re#ord, 1"dge 9"pp granted Mr. Walker/s motion to seal.

22. t is %orth noting that Mr. (im&erlin #laimed he needed Mr. Walker information

in order for Mr. Walker to testif at the haring against the man to %hom he &riefl ga!e legal

ad!i#e. :o%e!er, the hearing pro#eeded, and Mr. (im&erlin ne!er attempted to #all Mr. Walker

as a %itness. At the end of the hearing, the #o"rt fo"nd that no defamation had o##"rred and

dismissed the motion to hold Mr. Allen in #ontempt.

2


12/33

person and, indeed, %itho"t to"#hing his &od on#e. :e simpl took the iPad and, &eing a&o"t

half a foot taller than Mr. (im&erlin, held the de!i#e a%a from him "ntil #o"rtho"se personnel

#o"ld arri!e to sort the matter o"t. When #o"rtho"se se#"rit arri!ed, Mr. Walker s"rrendered

the iPad %itho"t in#ident. :e forthrightl e4plained %hat he had done and the moti!es for his

a#tions. A s"&seq"ent #o"rt fo"nd that Mr. Walker had a#ted in reasona&le self+defense.

2>. :o%e!er, Mr. (im&erlin sa% an opport"nit to frame Mr. Walker for a #rime, to

p"nish him for e4pression in #o"rt do#"ments and on the internet. n appli#ations for #riminal

#harges, pea#e order hearings, and other for"ms, Mr. (im&erlin #laimed essentiall that Mr.

Walker &eat him "p o"tside of the #o"rtroom. :e later prod"#ed %hat he p"rported to &e

medi#al re#ords sho%ing that Mr. Walker allegedl &r"ised him and e!en #ra#ked a !erte&ra. :e

prod"#ed "ndated photographs p"rporting to sho% a &r"ised ee. :o%e!er, e!ent"all

s"r!eillan#e !ideo footage from o"tside the #o"rtroom emerged and Mr. Walker is in possession

of a #op of it. he footage demonstrated that Mr. Walker had told the tr"th, and Mr.

(im&erlin/s #laims that he had &een &eaten "p & Mr. Walker %ere false. herefore, an

o&)e#ti!e o&ser!er %o"ld re#ogni7e that those medi#al re#ords and photographs %ere most likel

forgeries & a #on!i#ted ;and admitted=- do#"ment forger.

2. As soon as he left the Cir#"it Co"rtho"se on 1an"ar , -3$-, Mr. (im&erlin %ent

right a#ross the street to the Montgomer Co"nt Distri#t Co"rt Commissioner/s Offi#e and filed

for #riminal #harges and a pea#e order. :e sas he did this &efore going for medi#al treatment.

he onl photographs of Mr. (im&erlin/s alleged in)"ries %ere taken & Mr. (im&erlin "sing his

o%n iPad and, therefore, depend entirel on this #on!i#ted per)"rer for a"thenti#ation, and %ere

not prod"#ed at the time he applied for #harges. he onl p"rported medi#al re#ords %ere

gathered & this #on!i#ted do#"ment forger, and %ere not prod"#ed at the time he applied for

- See E4hi&it ' to the original #omplaint.

$-


13/33

#harges. No effort %as made to #ond"#t an independent in!estigation &efore #harges %ere filed.

No one asked Mr. Walker/s side of the stor. No one req"ested the !ideo e!iden#e &efore filing

#harges. No one e!en spoke to the #o"rtho"se se#"rit %ho responded, e!en tho"gh the %o"ld

pres"ma&l ha!e told an in!estigator that Mr. (im&erlin/s appli#ation for #harges did not mat#h

realit. For instan#e, Mr. (im&erlin #laimed in the appli#ation for #harges that %hen #o"rtho"se

se#"rit arri!ed *Mr. Walker tried to #ome at me se!eral times &"t %as restrained. n fa#t, Mr.

Walker made no effort to #harge at him, and the #o"rtho"se se#"rit ne!er attempted to restrain

him ;&e#a"se the had no need=, as demonstrated & !ideo e!iden#e. ndo"&tedl, if asked,

se#"rit personnel %o"ld ha!e spoken tr"thf"ll, and said the same thing.

2. ndeed, the fa#t that Mr. (im&erlin %as a #on!i#ted per)"rer %ith a histor of

forging do#"ments ga!e the Commissioner no pa"se, either. his is despite the fa#t that as a

#on!i#ted per)"rer Mr. (im&erlin %as #ategori#all prohi&ited from testifing in Marland. MD.

CODE CS 1D. P9OC. Q +$33;#=;$= ;*@a #ommissioner shall... determine pro&a&le #a"se for the iss"an#e of

#harging do#"ments=. S"&seq"ent #on!ersations %ith the Commissioner/s offi#e has re!ealed

that the &elie!e that the are not req"ired to #onsider the %eight of the e!iden#e, the

&a#kgro"nd of the a##"ser, and similar fa#tors %hen determining if there is pro&a&le #a"se. he

ha!e stated that the do not take in e!iden#e. his is %rong as a matter of la%. As stated in

$eisterstown %umber Co. v. $o&er , $ Md.App. , ? ;Md. App., $$= pro&a&le #a"se is

$2


14/33

defined as *@reasona&le #a"se6 ha!ing more evidence for than against. ;emphasis added=. his

req"ires taking in e!iden#e, and e!al"ating its s"ffi#ien#.


15/33

gentleman in the Sheriff/s offi#e %ho told him falsel that there had &een no s"r!eillan#e footage

0that the #amera had &een pointed a different %a. Mr. Walker ass"mes that this %as an

inno#ent mistake, &"t at the time it in#reased Mr. Walker/s an4iet.


16/33

took the %ord of a #on!i#ted per)"rer and do#"ment forger, and, therefore, &e#ame the *#at/s

pa% to Mr. (im&erln/s mali#e. Again, if the State/s Attorne Offi#e allo%ed false #harges to &e

maintained against a person &e#a"se the did not like his politi#al !ie%s, that %o"ld &e a

!iolation of the freedom of spee#h "nder the Marland Constit"tion. et, & &lindl tr"sting Mr.

(im&erlin0in the fa#e of e!iden#e e4onerating Mr. Walker0the allo%ed the same res"lt5 Mr.

Walker %as #harged %ith a #rime he did not #ommit, &e#a"se he $= pro!ided legal ad!i#e to one

of Mr. (im&erlin/s *enemies and -= &e#a"se he engaged in la%f"l free e4pression.


17/33

Offi#e thereafter. he State/s Attorne filed a nolle proseq"i, and Mr. 1a#o&son sent a letter to

Mr. Walker s"ggesting this %as simpl a spat that didn/t deser!e his offi#e/s attention. n doing

so, he ignored the o!er%helming e!iden#e of Mr. (im&erlin/s #riminal #ond"#t.


18/33

?3. A final pea#e order hearing %as held on "esda, Ma -, -3$-. Mr. Walker %as

a&le to &e heard at that hearing. Mr. (im&erlin #laimed that merel & pea#ef"ll %riting a&o"t

him that Mr. Walker %as engaging in in#itement and s"#h in#itement %as therefore harassment.

:e #laimed to ha!e re#ei!ed death threats &e#a"se of Mr. Walker/s reporting, altho"gh

s"&seq"ent e!iden#e s"ggested that Mr. (im&erlin or one of his asso#iates %ere fa&ri#ating these

threats.K->Kstrong+

#ir#"mstantial+e!iden#e+that+&rett+kim&erlin+is+astrot"rfing+the+alleged+threats+against+him+and+

his+alliesK. t is %orth noting that %hile Mr. (im&erlin has ne!er &een sh a&o"t s"ing

anonmo"s people on the internet or to file #harges against others, he has ne!er made an effort

to seek to hold these people %ho allegedl threatened him #i!ill or #riminal responsi&le. his

&olsters the s"spi#ion that all of these alleged threats are fake, and Mr. (im&erlin kno%s it.

$


19/33

his is not onl #ontrar to la%, &"t if it stood, it %o"ld ha!e set a dangero"s pre#edent. ' that

logi#, President Ni4on #o"ld ha!e en)oined Wood%ard and 'ernstein from reporting on

Watergate, if he re#ei!ed a single death threat &ased on their reportage. S"#h an approa#h %o"ld

&e the death of free spee#h and freedom of the press. Either this ne!er o##"rred to 1"dge

8a"ghe, or it didn/t &other him. A first ear la% st"dent %o"ld not ha!e made the same

mistake.

?2. 'ased on this erroneo"s interpretation of the la%, 1"dge 8a"ghe granted Mr.

(im&erlin/s petition and for&ade Mr. Walker from %riting a&o"t Mr. (im&erlin in an for"m for

si4 months.

?


20/33

he %as released %itho"t &ail that afternoon, &"t in the meantime and in s"&seq"ent das the stor

er"pted all o!er the ne%s. t %as #o!ered as far as Canada0the ne%s that an Ameri#an #o"rt

had arrested a man for engaging in free e4pression and had for&idden from speaking freel in the

f"t"re.

?>. his de#ision %as so %rong, that a sta %as granted nearl a month later on 1"ne

-?, -3$-, & 1"dge 9"pp &efore the f"ll appeal #o"ld &e heard. n his order granting a sta,

1"dge 9"pp #ited "randenbur( & name and restored Mr. Walker/s right to engage in prote#ted,

non+harassing spee#h a&o"t Mr. (im&erlin. Still, the State of Marland had #ommitted a serio"s

trespass against Mr. Walker/s freedom of spee#h.

?. On the same da that the sta %as granted, Mr. Walker %as SWAted. hat is,

someone #alled the Prin#e William Co"nt Poli#e Department, falsel #laimed to &e Mr. Walker,

and falsel #onfessed to shooting his %ife. Fort"natel, Mr. Walker had %arned the lo#al poli#e

that this might happen and, a##ordingl, Mr. Walker and his %ife %ere in no danger %hen the

poli#e sho%ed "p %ith M+


21/33

it0represents a determination that 1"dge 8a"ghe had !iolated Mr. Walker/s right to free

e4pression in !iolation of Md. De#. of 9. art.


22/33

the p"rpose of enti#ing me into se4 and marriage. When in Marland and %hile %as fifteen ears old, he had !aginal inter#o"rse and se4"al #onta#t %ith me ono!er fift o##asions. :e %as o!er fort ears of age at the time and therefores"#h #ond"#t %as in !iolation of MD. C9MNAH HAW Code Q2+23, #onstit"tingse4"al offense in the third degree, then #odified as Marland Code Art. -,

Q


23/33

ndeed, personall %itnessed e!iden#e that he had a se4"al relationship %ithDe&&ieK1essi#a 'arton. :e dis#losed to me that she %as his girlfriend andsho%ed me pi#t"res of them together. n some of those pi#t"res, Mr. (im&erlin%as naked. n others, De&&ie 'arton %as naked. Com&ined %ith m o%ne4perien#es, and his attempts to sed"#e m then+t%el!e+ear old #o"sin,

#onsider the s"spi#ion that he had se4 %ith this "nderage girl to &e highl#redi&le.

@Ed5 8er personal information a&o"t the (im&erlins that %as in#l"ded in theoriginal !ersion of this #omplaint, &"t has &een omitted in the !ersion "ploadedto S#ri&d.

F"rther, 'rett (im&erlin has threatened me %ith phsi#al harm if sho"ld e!er

seek #"stod of m #hildren, saing that *o" %ill see %hat %ill happen to o" if

tried to la%f"ll o&tain #"stod. Ji!en his past as a !iolent &om&er, take those

threats !er serio"sl.

>$. D"ring this time, as Mrs. (im&erlin fo"ght to get her da"ghters a%a from a

!iolent &om&er %ith a past histor of pedophilia, she rea#hed o"t to Mr. Walker and his friend,

William 1ohn 1oseph :oge , &e#a"se &oth men %ere %illing to stand "p to Mr. (im&erlin. Mr.

Walker offered Mrs. (im&erlin free legal ad!i#e, and Mr. :oge set "p a legal f"nd to hire lo#al

#o"nsel for Mrs. (im&erlin, %hi#h Mr. Walker promoted. hat promotion in#l"ded arti#les on

the internet, and Mr. (im&erlin %as a%are of them. For these pea#ef"l, la%f"l a#ts, Mr.

(im&erlin filed another appli#ation for #harges for harassment against Messrs Walker and :oge,

on or a&o"t 1"l 23, -3$2. ' this time, the State/s Attorne of Montgomer Co"nt had %ritten

a letter to the Montgomer Co"nt Commissioner req"esting that the stop a##epting #harges

from Mr. (im&erlin. n spite of this %arning and all of the other reasons to do"&t Mr.

(im&erlin/s !era#it, the Commissioner filed #harges against Messrs. Walker and :oge.

Fort"natel, these #harges %ere dropped q"i#kl & the State/s Attorne and %itho"t f"rther

e4pense to Mr. Walker.

>-. :o%e!er, %itnessing the #ontin"ed a&"se of the Marland legal sstem & Mr.

(im&erlin, and fa#ing threats of !iolen#e & Mr. (im&erlin %hile the state of Marland took no

-2


24/33

steps to prote#t her, Mrs. (im&erlin de#ided she #o"ld no longer fight her h"s&and and ga!e "p.

She fled the )"risdi#tion and, "pon information and &elief, is #"rrentl li!ing in the Mid%est. Mr.

(im&erlin #ontin"es to ha!e sole #"stod of their #hildren. :e li!es do%n the street from an

elementar s#hool. Mr. Walker is #on!in#ed that Mr. (im&erlin remains a danger to Mr. Walker,

Mr. Walker/s %ife, his friends, and to the #omm"nit at large.

COUNT I:

IN5UNCTION IN "IOLATION OF RIGHT OF FREE E=)RE--ION

>2. he Plaintiff realleges paragraphs $+>-.

>?. his %as in !iolation of Md. De#. of 9. art. . his #ond"#t %as intentional.

>. S"#h a trespass against Mr. Walker/s #onstit"tional rights is itself a harm. F"rther,

he %as req"ired to retain #o"nsel to fight to restore his rights, #osting o!er I>,. Spe#ifi#all, the Plaintiff req"ests an in)"n#tion prohi&iting the Distri#t Co"rt of

Marland for Montgomer Co"nt from granting an f"rther pea#e orders limiting e4pression0

in#l"ding e4pression as #ond"#t0either in relation to Mr. Walker spe#ifi#all, or for all persons.

? P"niti!e damages are a!aila&le "nder Marland la% %here there is *fra"d, or mali#e, or e!il

intent, or oppression entering into and forming part of the %rongf"l a#t@. Davis v. *ordon, $2

Md. $-, 2> A.-d >, 3$ ;Md., $


25/33

he Distri#t Co"rt has pro!en o!er and o!er again, that the are not #apa&le of re#ogni7ing the

differen#e &et%een prote#ted and "nprote#ted e4pression. he Distri#t Co"rt of Marland for

Montgomer Co"nt is a small #laims #o"rt. Freedom of E4pression is not a small #laim.

COUNT II:

FAL-E CRIMINAL CHARGE- FILED IN RETALIATION FOR LAWFUL

RE)RE-ENTATION OF A CLIENT AND FOR )ROTECTED E=)RE--ION

3. he Plaintiff realleges paragraphs $+>.

$. Mr. (im&erlin, moti!ated & anger at Mr. Walker for pro!iding legal ad!i#e to

one of Mr. (im&erlin/s targets and for ha!ing e4posed Mr. (im&erlin #riminal and immoral

#ond"#t to the %orld at large, so"ght to frame Mr. Walker for a #rime on 1an"ar , -3$-.

-. he Commissioner fo"nd that pro&a&le #a"se e4isted for assa"lt %itho"t

#onsidering the q"alit of the e!iden#e at all, a##epting the %ord of a #on!i#ted per)"rer %ho is

for&idden from testifing in Marland, and ignoring the greater %eight of the e!iden#e against

Mr. (im&erlin/s #laims.

2. his is in dire#t !iolation of the req"irement that pro&a&le #a"se &e s"pported &

e!iden#e.


26/33

>. As retaliation for #onstit"tionall prote#ted #ond"#t, s"#h prose#"tion #onstit"tes

a !iolation of Mr. Walker/s #onstit"tional rights, &oth & p"nishing Mr. Walker/s la%f"l #ond"#t

and & deterring it in the f"t"re.

. As a res"lt of s"#h retaliator prose#"tion, Mr. Walker lost appro4imatel I


27/33

Sheriff/s dep"t there at the s#ene, Dep"t 1ohnson, and failed to re#ogni7e ho% his a##o"nt

#ontradi#ted Mr. (im&erlin/s. he State/s Attorne/s Offi#e made no effort to gather the medi#al

re#ords from an hospital or to determine for themsel!es if Mr. (im&erlin had e!en &een in)"red.

he State/s Attorne/s Offi#e ref"sed to listen to Mr. Walker/s side of the stor "ntil he hired a

la%er to represent him. he State/s Attorne/s Offi#e didn/t e!en drop the #harges after the

Distri#t Co"rt fo"nd on Fe&r"ar , -3$-, that Mr. Walker had not assa"lted Mr. (im&erlin.

2. n short, the State/s Attorne/s Offi#e maintained #harges against Mr. Walker for

nearl three months on the %ord of a #on!i#ted per)"rer and do#"ment forger in the fa#e of all

e!iden#e to the #ontrar. he attit"de of the State of Marland as a %hole has &een to #harge Mr.

Walker first and fig"re o"t if he had a#t"all done anthing later.


28/33

per instan#e in #ompensator damages in#l"ding pain and s"ffering, and I$,333,333 p"niti!e

damages, as %ell as in)"n#ti!e and de#larator relief.

. Spe#ifi#all, the Plaintiff req"ests an in)"n#tion prohi&iting the State/s Attorne

Montgomer Co"nt from maintaining #harges %itho"t pro&a&le #a"se that is &a#ked "p &

relia&le e!iden#e. n short, the Plaintiff %ants them to &e ordered to do their #onstit"tional d"t.

COUNT I"

FAL-E ARRE-T IN RETALIATION FOR )ROTECTED E=)RE--ION

. he Plaintiff realleges paragraphs $+.

3. On Ma -, -3$-, Mr. (im&erlin filed #harges #laiming that third parties had

threatened him %ith !iolen#e &e#a"se Mr. Walker reported a&o"t his "nla%f"l #ond"#t to%ards

Mr. Walker. pon information and &elief, the #laim that anone had threatened him %as

fa&ri#ated. F"rther, Mr. (im&erlin did not e!en allege that Mr. Walker %as the legal #a"se of an

of those threats, nor did he ad!an#e an !ia&le theor of third part lia&ilit. n short, he #harged

Mr. Walker %ith a non+#rime.

$. Despite the fa#t that, e!en if his allegations %ere tr"e, Mr. (im&erlin had not

alleged that Mr. Walker had #ommitted a #rime, the Commissioner fo"nd pro&a&le #a"se that Mr.

Walker had !iolated a temporar pea#e order & engaging in harassment and p"t o"t a %arrant

for the arrest of Mr. Walker.

-. he Commissioner/s fail"re to perform their stat"tor and #onstit"tional d"t %as

intentional.

2. No pro&a&le #a"se e4isted for this arrest &e#a"se no #rime %as alleged, let alone

#ommitted. herefore, the arrest itself %as in !iolation of Mr. Walker/s Md. De#. of 9. art. ->

right to &e free from "nreasona&le sei7"re and his d"e pro#ess rights "nder art. -


29/33

arrest, the &e#ame the *#at/s pa% to Mr. (im&erlin/s mali#e. herefore Mr. Walker %as

#harged %ith a #rime not &e#a"se there %as a#t"al pro&a&le #a"se to &elie!e he had #ommitted a

#rime, &"t &e#a"se he had e4er#ised his right to free e4pression, prote#ted "nder art. . Spe#ifi#all, the Plaintiff req"ests an in)"n#tion prohi&iting the Distri#t Co"rt

Commissioner for Montgomer Co"nt from iss"ing #harges or arrest %arrants %itho"t pro&a&le

#a"se that is &a#ked "p & relia&le e!iden#e. n short, the Plaintiff %ants the Commissioner to do

their stat"tor and #onstit"tional d"t.

COUNT ":

FAL-E CRIMINAL CHARGE- FILED IN RETALIATION FOR LAWFUL

RE)RE-ENTATION OF A CLIENT AND FOR )ROTECTED -)EECH

. he Plaintiff realleges paragraphs $+>.

. Mr. (im&erlin, moti!ated & anger at Mr. Walker for pro!iding legal ad!i#e to

Mrs. (im&erlin and for ha!ing helped %ith a f"ndraiser for her to o&tain representation & a

Marland la%er, filed false #riminal #harges on or a&o"t 1"l 23, -3$2.

. he Commissioner fo"nd that pro&a&le #a"se e4isted %itho"t #onsidering the

q"alit of the e!iden#e at all, a##epting the %ord from a #on!i#ted per)"rer %ho is for&idden

-


30/33

from testifing in Marland. his %as done despite the fa#t that the Commissioner %as

spe#ifi#all %arned & the State/s Attorne not to a##ept an f"rther #harges from Mr. (im&erlin.

$33. his is in dire#t !iolation of the req"irement that pro&a&le #a"se &e s"pported &

e!iden#e.

$3$. his fail"re to perform their stat"tor and #onstit"tional d"t %as intentional.

$3-. 'e#a"se of the Commissioner/s fail"re to pro!ide an appropriate #he#k and

&alan#e against false #riminal #harges, the &e#ame the *#at/s pa% to Mr. (im&erlin/s mali#e.

herefore, Mr. Walker %as #harged %ith a #rime not &e#a"se there %as a#t"al pro&a&le #a"se to

&elie!e he had done so, &"t &e#a"se he had pro!ided legal representation, prote#ted "nder Md.

De#. of 9. art. -< and had e4er#ised his right to free spee#h, prote#ted "nder art.


31/33

COUNT "I

"IOLATION OF MR WAL


32/33

arg"ment, the la% on seditio"s li&el allo%ed for the go!ernment to %ork %hat %e %o"ld no% #all

(afkaesq"e in)"sti#e5 *Men %ho in)"re and oppress the people "nder their administration

pro!oke them to #r o"t and #omplain6 and then make that !er #omplaint the fo"ndation for

ne% oppressions and prose#"tions. +he +rial of ohn -eter en(er , $ :o%ellGs St. r. >?,

-$+-- ;$2?= ;arg"ment of #o"nsel to the )"r=. Hike%ise, Mr. (im&erlin has &een allo%ed to

oppress Mr. Walker %ith the help of the State of Marland, and %hen Mr. Walker #ried o"t and

#omplained, that #omplaint %as the fo"ndation for ne% oppressions and prose#"tions. his is

not the dignit o%ed to a !i#tim of a #rime.

$$$. S"#h #ond"#t %as intentional and is in !iolation of Md. De#. of 9. art.


33/33

W:E9EFO9E, the Plaintiff req"ests an a%ard of #ompensator damages against Defendant the

State of Marland for !iolations of his #onstit"tional rights for not less than I233,333 per

instan#e, p"niti!e damages of I$,333,333, in)"n#ti!e relief designed to pre!ent f"t"re !iolations

of these #onstit"tional pro!isions, a de#laration that Mr. Walker/s right to dignit as a !i#tim of a

#rime has &een !iolated, and an and all relief this Co"rt deems )"st and eq"ita&le.

Dated5 Monda, Mar#h $>, -3$?

9espe#tf"ll s"&mitted,

Aaron Walker, Esq.@reda#tedManassas, 8irginia -3$3@reda#tedAaron1W$-Vgmail.#om;No fa4=8irginia State 'ar

walker v. maryland fac (redaction)

Documents