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Wilson wants sanctions against plaintiffs; wants $3 million
Topic Started: Mar 7 2014, 08:55 PM (326 Views)
Quasimodo

Quote:
 


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.


(snip)


(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.
Edited by Quasimodo, Mar 7 2014, 09:05 PM.
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Quasimodo

Quote:
 


(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.

(snip)

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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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.

.
Edited by Mason, Mar 7 2014, 09:28 PM.
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MikeZPU

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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What was Wilson up to here?


Posted Image

Linwood's most ardent supporters had no defense of his tactics.


.
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Quasimodo



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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