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Wilson wants sanctions against plaintiffs; wants $3 million
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Topic Started: Mar 7 2014, 08:55 PM (326 Views)
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Quasimodo
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Mar 7 2014, 08:55 PM
Post #1
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
NOW COMES Defendant Linwood Wilson in a Motion for Rule 11; Sanctions against all the plaintiffs and their attorneys of record, for filing frivolous, unreasonable, without foundation, vexatious and groundless Complaint FACTS 1. On October 5, 2007, the Plaintiffs by and through their counsel, WILLIAMS & CONNOLLY LLP Law Firm and Attorneys Charles Davant IV, Brendon V. Sullivan, Jr., Robert M. Cary, Christopher N. Manning; RUDOLF WIDENHOUSE & FIALKO and Attorney David S. Rudolf; BARRY C. SCHECK, ESQ. Attorney Barry C. Scheck; EMERY CELLI BRINCKERHOFF & ABADY LLP and Attorney Richard D. Emery, filed the original complaint in this action.
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(a) FIRST CAUSE OF ACTION: MALICIOUS PROSECUTION AND SEIZURE IN VIOLATION OF 42 U.S.C. § 1983 (Against Nifong, Clark, Gottlieb, Himan, Meehan, Wilson, and DSI in their individual capacities) ¶ 330 – 337 are frivolous, have no evidentiary support, and are intended to harass, intimidate, and harm the character and reputation of Defendant Wilson bringing emotional distress, loss of employment, income, retirement, family and future employment possibilities.
laintiffs and their Attorneys knew that Defendant Wilson was at no time involved in any meetings, conversations, or any interaction between Nifong, Gottlieb, Hinman, Meehan, and DSI. Plaintiffs and their Attorneys are fully aware that Defendant Wilson did not become involved in this case until after the indictments and arrests of the Plaintiffs. . Plaintiffs and their Attorneys are fully aware that Defendant
Wilson was a civilian investigator as provided in the NC Statues and had no power of arrest, no prosecutorial authority and in no way could Defendant Wilson have arrested or prosecuted Plaintiffs, nor could he have prevented the indictments, arrests, and prosecution of the Plaintiffs. Plaintiffs and their Attorneys were just unfounded and they were just throwing them up to see how many would stick. That is a clear violation of Rule 11. Defendant Wilson argues to the court that the purpose of bringing these frivolous actions were in hopes, since Wilson was pro se, he would roll over and help Plaintiffs prove allegations that they knew they could not prove. Defendant Wilson was forced to represent himself pro se to defend these frivolous accusations.
(b) SECOND CAUSE OF ACTION: CONCEALMENT OF EVIDENCE IN VIOLATION OF 42 U.S.C. § 1983 (Against Nifong, Clark, Gottlieb, Himan, Meehan, Wilson, and DSI in their individual capacities)
(snip)
Defendant Wilson argues to the court that the purpose of bringing these frivolous actions were in hopes, since Wilson was pro se, he would roll over and help Plaintiffs prove allegations that they knew they could not prove. Defendant Wilson was forced to represent himself pro se to defend these frivolous accusations.
(c) THIRD CAUSE OF ACTION: FABRICATION OF FALSE EVIDENCE IN VIOLATION OF 42 U.S.C. § 1983 (Against Nifong, Clark, Gottlieb, Himan, Meehan, Wilson, and DSI in their individual capacities) (snip)
Plaintiffs and their Attorneys are fully aware that Defendant Wilson was a civilian investigator as provided in the NC Statues and had no power of arrest, no prosecutorial authority and in no way could Defendant Wilson have arrested or prosecuted Plaintiffs, nor could he have prevented the indictments, arrests, and prosecution of the Plaintiffs. Plaintiffs and their Attorneys were unfounded and they were just throwing them up to see how many would stick. That is a clear violation of Rule 11. Defendant Wilson argues to the court that the purpose of bringing these frivolous actions
were in hopes, since Wilson was pro se, he would roll over and help Plaintiffs prove allegations that they knew they could not prove. Defendant Wilson was forced to represent himself pro se to defend these frivolous accusations.
(snip) ¶ 440 (f)(g) talks about Defendant Wilson’s infamous interview of Crystal Mangum on December 21, 2006. The Plaintiffs and their Attorneys just plain didn’t want to believe the truth. They assumed Defendant Wilson went there with the intentions of getting Ms. Mangum to change her story so it would fit the timeline better and somehow help with the upcoming photo lineup hearing coming up sometime in the future, which Defendant Wilson knew nothing about. Defendant Wilson wrote a report of what took place on December 21, 2006, yet the Plaintiffs and their brilliant attorneys wanted to make it fit their version of why Defendant Wilson went. Everyone knew that Defendant Wilson went there to tell Crystal Mangum that Mike Nifong was turning the case over to the Attorney General’s office and that she needed to make sure that she wanted to proceed with the prosecutions. It was this interview, by Defendant Wilson, that got the rape charges dropped. What, no credit for getting to the truth? “We all know when you assume, you are making an ass out of you, not me.” So where is the conspiracy here other than frivolous accusations by the Plaintiffs and their Attorneys with the main intent to defame Defendant Wilson’s character and reputation, to harass him, intimidate him and do anything they could to damage his credibility should he ever have to testify in this case. The Plaintiffs in this case were simply trying to do to the defendants what Plaintiffs were claiming the Defendants had done to them. Oh let’s throw it up on the ceiling and see if it sticks! Well it didn’t stick, it never made it to the ceiling.
(snip)
Defendant Wilson argues to the court that the purpose of bringing these frivolous actions were in hopes, since Wilson was pro se, he would roll over and help Plaintiffs prove allegations that they knew they could not prove. Defendant Wilson was forced to represent himself pro se to defend these frivolous accusations. These Plaintiffs and Attorneys have not alleged any specific action, that Defendant Wilson, did that was in anyway a conspiracy. All they have done is lump everyone, with the exception of then President Bush, together and called it a conspiracy. When the Attorneys on behalf of the Plaintiffs investigated the claims brought in the causes of actions, where are the specifics or proof of their sincere investigation to verify, as they are required to do, all these allegations in all these Causes of Actions? There is a lot of speculation and “I sure hope this is true” in the lawsuit, but not one shred of evidence.
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Quasimodo
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Mar 7 2014, 09:04 PM
Post #2
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(i) FOURTEENTH CAUSE OF ACTION: OBSTRUCTION OF JUSTICE AND CONSPIRACY (Against Nifong, Clark, Gottlieb, Himan, Meehan, Wilson, and DSI in their individual capacities; and the City of Durham based on the actions of City employees and agents in their official capacities)
¶ 498-507 Another “I sure hope this sticks cause we ain’t got no evidence to support it” These paragraphs, just like all the rest of them, say the same thing except the changing of a word. Still frivolous, have no evidentiary support, and are intended to harass, intimidate, and harm the character and reputation of Defendant Wilson bringing emotional distress, loss of employment, income, retirement, family and future employment possibilities.
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One could go on forever about the frivolous, unreasonable, without foundation, vexatious and groundless lawsuits brought by the Plaintiffs and quote all the findings by Fourth Circuit Court of Appeals, however I would ask the court to view those. Especially the opinion of Circuit Judge Wilkinson.
WILKINSON, Circuit Judge, concurring:
I concur fully in Judge Motz’s fine opinion. It demonstrates well the central flaws in the plaintiffs’ contentions. A few additional observations may underscore the overblown nature of this case. Plaintiffs have sought to raise every experimental claim and to corral every conceivable defendant. The result is a case on the far limbs of law and one destined, were it to succeed in whole, to spread damage in all directions.
Although I appreciate the able and well-intentioned efforts of the attorneys in this matter, there is something disquieting about the sweeping scope and number of claims brought by the various plaintiff groups (twenty-three counts in the Evans complaint, thirty-two in Carrington, and forty in McFadyen), as well as the glacial pace at which this litigation has proceeded (we are now nearly six years removed from the dismissal of the last charges against the three Duke lacrosse players). With all of these overwrought claims disputed over years of complex litigation, this matter has taken on an unfortunate life of its own. A few examples of the pitfalls in plaintiffs’ most inventive claims illustrate my concerns with allowing them to proceed. [emphasis in original]
[omitted here in a desire to avoid excessive use of profanity, is my opinion of Judge Wilkinson...]
(snip)
PRAYER FOR RELIEF
NOW COMES Defendant Linwood Wilson, pursuant to Rule 11 of the FRCP, issue an order for sanctions against Plaintiffs and Plaintiffs’ Attorneys and law firms for violation of Rule 11 as stated in this Motion for Rule 11; Sanctions.
1. Find that the Plaintiffs, by and through their Attorneys, violated FRCP Rule 11 by filing frivolous, unreasonable, without foundation, vexatious and groundless complaints against Defendant Wilson; and 2. Find that the Attorneys of Record, and their law Firms, for the Plaintiffs violated FRCP Rule 11 by filing frivolous, unreasonable, without foundation, vexatious and groundless complaints against Defendant Wilson; and 3. Award Attorney Fees for Pro Se Defendant Wilson pursuant to Rule 11; Sanctions, as stated herein above, in the reasonable amount of Three Million Dollars ($3,000,000.00); and 4. Any other relief the court deems fit. Respectfully Submitted this the 5th day of March, 2014.
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Mason
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Mar 7 2014, 09:28 PM
Post #3
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. Harm the reputation of Linwood Wilson?
hahahahahahahah
This is the guy that couldn't spell semen, sent naked pictures of his wife out in the mail, and interrupted a press conference saying that Crystal never changed her story!
Talk about a Joke.
For this guy to ever have investigator near his name is a travesty.
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Edited by Mason, Mar 7 2014, 09:28 PM.
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MikeZPU
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Mar 7 2014, 09:39 PM
Post #4
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The expressions "fat chance" and "snowball's chance in hell" come to mind.
Does Linwood forget that he was fired from his job as Nifong's henchman?
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Mason
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Mar 7 2014, 09:45 PM
Post #5
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. What was Wilson up to here?

Linwood's most ardent supporters had no defense of his tactics.
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Quasimodo
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Mar 11 2014, 01:16 PM
Post #6
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Wilson's motion for sanctions has now been withdrawn.
(And, therefore, so has the response date--which means the March hearing may go on as scheduled?)
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