Lawsuit can proceed against Kenosha shooter Kyle Rittenhouse
MADISON, Wis. (AP) — A federal judge in Wisconsin ruled Wednesday that a wrongful death lawsuit filed by the father of a man shot and killed by Kyle Rittenhouse during a protest in 2020 can proceed against Rittenhouse, police officers and others.
I hate to say it, because the law of unintended consequences... but if acquitted on criminal charges, you should be immune from civil ones, wouldn't you think? The purpose of the criminal trial is to answer the question of whodunit? If you're acquitted, aka didn't do it, how can you be liable for civil penalties? You have already proven you didn't commit the crime?
The main thing to remember about the American system of justice is that even if you committed the act in question, you are still innocent, until you are proven guilty. And proven guilty means that they show beyond a reasonable doubt. It is like that for a reason, based upon old English law, to avoid a simple statement of someone in a higher position merely saying that " yes, your honor, this is the man who stole my car", and the court just calling the man guilty and tossing him in jail. While we have this important legal system for criminal courts, the system for civil suits is much different, and most of us know. And so Kyle might have actually been in the wrong, in killing the POS, but they could not prove it to satisfy legal requirements. That would mean that the civil trial could still be in play, which is why the father was allowed to pursue this case. Now we all would assume that this will go nowhere upon hitting the court, and might be dismissed by the court where it is filed. But the Federal Judge merely said that the man has enough reason to believe that there might have been something fishy going on to file his lawsuit. Not that there was anything fishy, nor even that it is expected that there was anything fishy going on, just that he could pursue it and ask a court to decide. While vile and a money grab, it is the cretin's right to do so. We never see people condemning lawyers who advertise on tv about class action lawsuits which give them all the money and the people get hardly anything. Everyone is after money, at the expense of someone that has money.
The main thing to remember about the American system of justice is billable hours. It is the main reason laws are written in such a manner as to be 'open to interpretation'.
Just look to the NRA for the textbook example of this. There's little doubt about what is going to happen now, and yet the case continues, but instead of eating grass like a cow or gasoline like a normal car, the case eats money, and lots of it. Now over one third of the income of the entire NRA. The NRA filed a false bankruptcy case in Texas to get out of New York but got shot down. Now it looks like they are really heading for bankruptcy and in the year 2023. The only thing that remains is, will the leadership do any jail time? And if so, how about the board members? There's a group called 'The NRA in Trouble and it has a lot of information and depositions under oath. Some awful things that are admitted to by Lapirerre
Lawfare is a B***h. Allowing frivolous lawsuits, without putting any obligation on the plaintiff to put up a bond for the defendants' legal costs, should the plaintiff lose, makes this a painless and petty act of harassment.
My Sister in law is a "Bottom feeder"(AKA personal injury lawyer in Detoilet). After a few bottles of wine at a family gathering I suggested that to eliminate frivolous lawsuits every plaintiff should have to post a bond for the defendants legal bills should they lose. She complained that "the people have the right to their day in court and making them buy a bond would prevent that". I Responded "If they were really truly injured and had a case they could easily find a bondsman willing to post the bond with no cash payment up front in return for a cut of the lawsuit winnings". She agreed that would eliminate the frivolous lawsuits, but "if that ever became the law she would be out of business". I asked why? She answered, "Because the people I represents are not really injured"! This is why 99% of Lawyers make the other 1% have such a bad reputation.
Instead of a bond, I prefer a new system...The Lawyer pays if he looses, As an officer of the court, it is incumbent on the Lawyer to screen his clients for those he believes are in the right. Unfortunately our system has been perverted by less than honorable lawyers who as Thomas Sowell mentioned "pays no price for being wrong" Under the "Lawyer Pays" system it would be the Lawyer who looses who would be required to pay ALL court fees and opposing Lawyer fees (The Judge does NOT get to decide if the case was "frivolous" enough to level this fine. If the lawyer wants to he can then try to get his money back from his client, but the Tax payers and the innocent person he sued is not funding any of that...
More proof the neurotic obsessed Progressives will never ever stop trying to crush, obliterate and utterly destroy those who oppose them. Kyle Rittenhouse is in their bullseye just like Donald Trump. Meanwhile the Republican sissyboy politicians want to "just get along".
I would expect that there is a leftist "non-profit" foundation behind this lawsuit. They went judge-shopping for a friendly court, fronted some money for a clever process server, and will attempt to get a sympathetic jury that will bankrupt Rittenhouse with an adverse judgement.
Even if they don't win, they will cost Rittenhouse hundreds of thousands of dollars to defend himself. That is the whole point.
"...filed by the father of a man who threatened Rittenhouse's life then chased him in an attempt to carry out the threat and was shot when he tried to take Rittenhouse's rifle."
Well of Course! After being Tried for murder and found innocent, NATURALLY he might still be wrong. No, this is a judge who is a frikken lefty and hates Kyle.
The process is the punishment. This will go nowhere, as he was vindicated for killing the asshat trying to kill him. Dad should spend more time reflecting on where he went wrong bringing up his POS spawn, instead of trying to cash in.
The worthless father of the worthless son should have to put up a couple hundred grand bond so that when he loses, Kyle Rittenhouse won't be out any money. It's not Kyle's fault this father failed at being a father.
100%, Huber was attempting to “brain” Rittenhouse with a skateboard in a typical punk ass move. He lost, end of story. Rittenhouse’s lawyers need to make this a very public case and detail what a failure the dead Huber was and what a failure the father is. Then they need to bury old man Huber under a mountain of legal action and make sure to counter sue him into oblivion.
If this father, who IMHO utterly failed his son by raising him to be a complete fucking ne'er-do-well, wants to bring lawsuits against ANYONE for "...allowing for a dangerous situation that violated his son’s constitutional rights and resulted in his death", why doesn't he start with the Democrat Party and the State and local government officials that encouraged the lawlessness that led to the situation. If they had performed their constitutional duties, there would have been no rioting. Anthony Huber would most likely have eventually succeeded in killing someone, somewhere, and gone back to prison, WHERE HE FUCKING BELONGED, instead of getting himself shot by someone he violently assaulted by striking them in the head with a skateboard as they were trying to get away from him. This "judge" is obviously part of the problem.
That name sounds familiar. There were several articles during Rittenhoises' trial that took note of who and how the politicians, police, and judges in Kenosha were related. I don't have timeto look it up today, sorry. John in Indy
A few points: Kyle should be flush with cash from his settlements with MSM. This is both the lure for the father, but it likely means Kyle can outspend him 10 to 1. Kyle will also have substantial funds to countersue. A finding of not guilty in a criminal trial never disqualifies one for bringing a civil action. Remember that OJ was found not guilty in the criminal trial, but lost the civil one. Those damages were what eventually sparked the actions to “retrieve his stuff” that led to a criminal conviction and incarceration. With the substantial video evidence, the plaintiff’s chances of winning are low. Just recently a person was killed by a blow to the head with a skateboard, so it will be a challenge for the plaintiff to argue disproportionate use of violence. Dead is dead.
“A finding of not guilty in a criminal trial never disqualifies one for bringing a civil action.” - In YOUR state. In my state, a justified self defense shooting is immune to any civil liability.
There is zero chance Pedo McSkatey's father is funding the lawsuit. One or more liberal anti-gun, anti-white-male, anti-conservative group(s) is/are behind this.
One thing has always bothered me about the whole incident. What kind of fuckhead chases after a guy who has an AR? And then hits him in the head with a skateboard? These Antifa assholes are dumber than a bag of rocks. The people behind them are so stupid. JFM
Ah, yes. It's The WEF! It's George Soros! It's all them transnational illionaires! That are enemies of Americans. If only they weren't so far away. If only those that, really reals, attack Americans would do it to their faces!
Our InJustice system continues... However, I have No Problem at all if Pedo Dad wants to SUE the pants off of every single one of the Abusive Public Servants who either Failed to stop the Burn Loots and Murders from destroying their community, but especially the Politicians who encouraged and funded the ANTIFA Fascists, with one BIG pre-condition on ALL civil Judgements: ALL Judgements, Fines and Lawyer fees MUST be paid by the people responsible NOT a penny of Tax Payer funds. Oh and throw in another Million to Kyles' College fund from those Perps... (Including Dead Pedo Dad, he should have raised him better)
You didn't think that the Leftists would simply let Rittenhouse alone after the Courts found him innocent due to self-defense did you?
ReplyDeleteI note they are complaining that Rittenhouse has been "Cagey" about where he lives. REALLY? Open threats to his life and...
That in their eyes "Encourages" (Note Courage is the main part of that word) people to Resist THEIR Pet Street Army.
Self Defense unless it supports THEIR Revolution is a crime, Comrade.
Must make plans on the reality of the battlefield, not the hopium of constitutional rights and equal application of law.
I hate to say it, because the law of unintended consequences... but if acquitted on criminal charges, you should be immune from civil ones, wouldn't you think?
ReplyDeleteThe purpose of the criminal trial is to answer the question of whodunit? If you're acquitted, aka didn't do it, how can you be liable for civil penalties? You have already proven you didn't commit the crime?
The main thing to remember about the American system of justice is that even if you committed the act in question, you are still innocent, until you are proven guilty. And proven guilty means that they show beyond a reasonable doubt. It is like that for a reason, based upon old English law, to avoid a simple statement of someone in a higher position merely saying that " yes, your honor, this is the man who stole my car", and the court just calling the man guilty and tossing him in jail.
DeleteWhile we have this important legal system for criminal courts, the system for civil suits is much different, and most of us know. And so Kyle might have actually been in the wrong, in killing the POS, but they could not prove it to satisfy legal requirements. That would mean that the civil trial could still be in play, which is why the father was allowed to pursue this case.
Now we all would assume that this will go nowhere upon hitting the court, and might be dismissed by the court where it is filed. But the Federal Judge merely said that the man has enough reason to believe that there might have been something fishy going on to file his lawsuit. Not that there was anything fishy, nor even that it is expected that there was anything fishy going on, just that he could pursue it and ask a court to decide. While vile and a money grab, it is the cretin's right to do so. We never see people condemning lawyers who advertise on tv about class action lawsuits which give them all the money and the people get hardly anything. Everyone is after money, at the expense of someone that has money.
The main thing to remember about the American system of justice is billable hours. It is the main reason laws are written in such a manner as to be 'open to interpretation'.
DeleteJust look to the NRA for the textbook example of this. There's little doubt about what is going to happen now, and yet the case continues, but instead of eating grass like a cow or gasoline like a normal car, the case eats money, and lots of it. Now over one third of the income of the entire NRA.
DeleteThe NRA filed a false bankruptcy case in Texas to get out of New York but got shot down. Now it looks like they are really heading for bankruptcy and in the year 2023. The only thing that remains is, will the leadership do any jail time? And if so, how about the board members?
There's a group called 'The NRA in Trouble and it has a lot of information and depositions under oath. Some awful things that are admitted to by Lapirerre
Lawfare is a B***h. Allowing frivolous lawsuits, without putting any obligation on the plaintiff to put up a bond for the defendants' legal costs, should the plaintiff lose, makes this a painless and petty act of harassment.
ReplyDeleteMy Sister in law is a "Bottom feeder"(AKA personal injury lawyer in Detoilet). After a few bottles of wine at a family gathering I suggested that to eliminate frivolous lawsuits every plaintiff should have to post a bond for the defendants legal bills should they lose. She complained that "the people have the right to their day in court and making them buy a bond would prevent that". I Responded "If they were really truly injured and had a case they could easily find a bondsman willing to post the bond with no cash payment up front in return for a cut of the lawsuit winnings". She agreed that would eliminate the frivolous lawsuits, but "if that ever became the law she would be out of business". I asked why? She answered, "Because the people I represents are not really injured"! This is why 99% of Lawyers make the other 1% have such a bad reputation.
DeleteInstead of a bond, I prefer a new system...The Lawyer pays if he looses,
DeleteAs an officer of the court, it is incumbent on the Lawyer to screen his clients for those he believes are in the right.
Unfortunately our system has been perverted by less than honorable lawyers who as Thomas Sowell mentioned "pays no price for being wrong"
Under the "Lawyer Pays" system it would be the Lawyer who looses who would be required to pay ALL court fees and opposing Lawyer fees (The Judge does NOT get to decide if the case was "frivolous" enough to level this fine.
If the lawyer wants to he can then try to get his money back from his client, but the Tax payers and the innocent person he sued is not funding any of that...
MSG Grumpy
Someone needs to take a skateboard and beat that lawyer that took the case, the Judge that is allowing it to go to court and the father.
ReplyDeleteI would save my money and go buy 3 gallons of Diesel. Skateboards don't come cheap anymore
DeleteMore proof the neurotic obsessed Progressives will never ever stop trying to crush, obliterate and utterly destroy those who oppose them. Kyle Rittenhouse is in their bullseye just like Donald Trump. Meanwhile the Republican sissyboy politicians want to "just get along".
ReplyDeleteFixed it for you: "filed by the father of a pedophile"
ReplyDeleteThanks for clarifying who that was. I wondered if the father of the domestic abuser or pedophile was the client.
DeleteI would expect that there is a leftist "non-profit" foundation behind this lawsuit. They went judge-shopping for a friendly court, fronted some money for a clever process server, and will attempt to get a sympathetic jury that will bankrupt Rittenhouse with an adverse judgement.
DeleteEven if they don't win, they will cost Rittenhouse hundreds of thousands of dollars to defend himself. That is the whole point.
The "rule of law" is merely pretense.
"...filed by the father of a man who threatened Rittenhouse's life then chased him in an attempt to carry out the threat and was shot when he tried to take Rittenhouse's rifle."
DeleteHuber being a pedophile is irrelevant.
Of course it can.
ReplyDeleteMore punishment by process. You can't argue wrongful death when an armed and dangerous man is killed while committing a crime.
ReplyDeleteWell of Course! After being Tried for murder and found innocent, NATURALLY he might still be wrong. No, this is a judge who is a frikken lefty and hates Kyle.
ReplyDeleteThe process is the punishment. This will go nowhere, as he was vindicated for killing the asshat trying to kill him. Dad should spend more time reflecting on where he went wrong bringing up his POS spawn, instead of trying to cash in.
ReplyDeleteThe worthless father of the worthless son should have to put up a couple hundred grand bond so that when he loses, Kyle Rittenhouse won't be out any money. It's not Kyle's fault this father failed at being a father.
ReplyDelete100%, Huber was attempting to “brain” Rittenhouse with a skateboard in a typical punk ass move. He lost, end of story. Rittenhouse’s lawyers need to make this a very public case and detail what a failure the dead Huber was and what a failure the father is. Then they need to bury old man Huber under a mountain of legal action and make sure to counter sue him into oblivion.
DeleteNever bring a skateboard to a gunfight.
DeleteIf this father, who IMHO utterly failed his son by raising him to be a complete fucking ne'er-do-well, wants to bring lawsuits against ANYONE for "...allowing for a dangerous situation that violated his son’s constitutional rights and resulted in his death", why doesn't he start with the Democrat Party and the State and local government officials that encouraged the lawlessness that led to the situation. If they had performed their constitutional duties, there would have been no rioting. Anthony Huber would most likely have eventually succeeded in killing someone, somewhere, and gone back to prison, WHERE HE FUCKING BELONGED, instead of getting himself shot by someone he violently assaulted by striking them in the head with a skateboard as they were trying to get away from him. This "judge" is obviously part of the problem.
ReplyDeleteU.S. District Judge Lynn Adelman: No doubt this Irish judge can be fair and impartial....
ReplyDeleteNo doubt:
Deletehttps://en.wikipedia.org/wiki/Lynn_Adelman
That name sounds familiar. There were several articles during Rittenhoises' trial that took note of who and how the politicians, police, and judges in Kenosha were related. I don't have timeto look it up today, sorry.
DeleteJohn in Indy
Lynn Adelman: When you fail three times to become a congressman, become a federal judge with the help of a Democrat president. It worked for Lynn.
DeleteLike Rush use to say, to Democrats failure is a résumé enhancement.
The further away you are from doctors and lawyers, the better off you'll be.
ReplyDeleteA few points:
ReplyDeleteKyle should be flush with cash from his settlements with MSM. This is both the lure for the father, but it likely means Kyle can outspend him 10 to 1. Kyle will also have substantial funds to countersue.
A finding of not guilty in a criminal trial never disqualifies one for bringing a civil action. Remember that OJ was found not guilty in the criminal trial, but lost the civil one. Those damages were what eventually sparked the actions to “retrieve his stuff” that led to a criminal conviction and incarceration. With the substantial video evidence, the plaintiff’s chances of winning are low. Just recently a person was killed by a blow to the head with a skateboard, so it will be a challenge for the plaintiff to argue disproportionate use of violence. Dead is dead.
“A finding of not guilty in a criminal trial never disqualifies one for bringing a civil action.”
Delete-
In YOUR state.
In my state, a justified self defense shooting is immune to any civil liability.
There is zero chance Pedo McSkatey's father is funding the lawsuit. One or more liberal anti-gun, anti-white-male, anti-conservative group(s) is/are behind this.
DeleteI believe Tennessee is the same way about immunity from civil suits.
DeleteThanks for "saying-by-not-saying" you're NOT from TX.
DeleteDirty sonofabitch federal judge.
ReplyDeleteWord on the street is Kyle has been contacted by a major Hollywood producer to host a new game show: Double Jeparody.
ReplyDeleteOne thing has always bothered me about the whole incident. What kind of fuckhead chases after a guy who has an AR? And then hits him in the head with a skateboard? These Antifa assholes are dumber than a bag of rocks. The people behind them are so stupid.
ReplyDeleteJFM
The kind of fuckhead with a skateboard that thinks he can successfully clonk someone with an AR-15 in the head and win a "free" AR-15.
DeleteAh, yes. It's The WEF! It's George Soros! It's all them transnational illionaires! That are enemies of Americans. If only they weren't so far away. If only those that, really reals, attack Americans would do it to their faces!
ReplyDeleteOur InJustice system continues...
ReplyDeleteHowever, I have No Problem at all if Pedo Dad wants to SUE the pants off of every single one of the Abusive Public Servants who either Failed to stop the Burn Loots and Murders from destroying their community, but especially the Politicians who encouraged and funded the ANTIFA Fascists, with one BIG pre-condition on ALL civil Judgements:
ALL Judgements, Fines and Lawyer fees MUST be paid by the people responsible NOT a penny of Tax Payer funds.
Oh and throw in another Million to Kyles' College fund from those Perps...
(Including Dead Pedo Dad, he should have raised him better)
MSG Grumpy