Friday, May 16, 2008

Obama Accuser Lawsuit Dismissed

The Larry Sinclair story has been filled with accusations and allegations but interspersed between the innuendo and claims of illicit sex, illegal drugs, now murder, are some cold, hard facts that Sinclair hasn't been eager to share, the February 25th ruling made by Judge Raymond L. Erickson in the District of Minnesota Federal Court.

Sinclair has upped the ante by personally attacking Michelle Obama referring to her today in a post entitled: Michelle Obama: The Reason She Is A Bitter, Evil Bitch; She Just Can't Toss Barack's Tea Bags!"

The website has posted an update on the status of the first Federal lawsuit filed by Sinclair in the District Court of Minneapolis versus Senator Obama, David Axelrod, and the DNC. A direct link to the magistrate's thorough report and recommendations can be found at Overlawyered.

The final judgment was rendered on March 19 where Judge James M. Rosenbaum dismissed Sinclair's case. Ted Frank at Overlawyered points out that the judge dismissed the "plainly frivolous case sua sponte without requiring the victimized defendants to expend legal fees in responding".

Here's a summary of Judge Raymond L. Erickson's decision rendered back on February 25, 2008:

Calling Sinclair's allegations "scant", the Judge wrote that Sinclair was attempting to sue the three defendants, Obama, Axelrod, and the DNC, for "allegedly violating his (Sinclair) right to free speech".

Sinclair seeks an injunction that would:

1. Compel "defendants to cease any investigation and turn over any fruits from said investigation".

2. Compel "defendants to cease all acts of intimidation and instruct their staff and supporters to cease with intimidation and threats".

3. Compel "defendant Democratic National Committee to remove all attack statements, smear and slanderous claims made against (Sinclair) on any and all of its sections of its official website".

Sinclair's IFP application was denied and the action dismissed because he (Sinclair) filed a pleading that failed to "state a claim on which relief may be granted".
To state an actionable claim for relief, a Complaint must allege a set of
historical facts which, if proven true, would entitle the complainant to some legal
redress against the named defendants, based upon some recognized legal principle or
doctrine. While Federal Courts must “view pro se pleadings liberally, such pleadings
may not be merely conclusory: the complaint must allege facts, which if true, state
a claim as a matter of law.” Excerpt from Judge Erickson's Decision

Sinclair, who's claimed on previous websites that he has extensive "legal" knowledge and that he has a "degree in law" was shot down by the judge who wrote that Sinclair had resorted to making his Youtube video after his allegations against "Obama did not receive the publicity that Sinclair intended, by all appearances, to generate".

The judge found that Sinclair's allegations were "scant" and that he had "failed to state a claim on which relief may be granted".

Read More Larry Sinclair -Obama Lawsuit Dismissed: Sinclair Attacks Michelle Obama


Source - Overlawyered - Larry Sinclair Versus Barack Obama
Image - Gavel

Death by 1000 Papercuts Front Page

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