Wednesday, March 24, 2010

Motion Filed To Declare Peter Rickmyer ("Pete The Pedophile") A Frivolous Litigant, And A JNS Editorial On "Spanky Pete"

Cover art image by City Pages, blog post by John Hoff

Peter Rickmyer--the notorious Level Three sex offender whose home-brewed litigation concoctions have made him famous on the front page of City Pages, click here, now faces a skilled defense attorney who wants to have Rickmyer declared a "frivolous litigant."

The motion by Jordan Area Community Council (JACC) defense attorney David A. James also asks for Rickmyer to "post security" in the so-called "lawsuit." Such "security" would likely consist of a bond equal to the expected costs of the litigation, if this gibberish were to proceed.

Given the desperate pro-se status of Rickmyer, any requirement to post such a bond is sure to put him out of the game since Rickmyer apparently can't even afford process servers. Copies of the motion paperwork were kindly made available to me though, for the record, Rickmyer still hasn't been able to serve me with legal papers, click here for more fun info about THAT.

PDF copies of the documents are available on the Johnny Northside Dot Com PDF support site, click here for those documents.

For those who aren't going to read the documents all the way through--

--and that's obviously most people--here are some highlights from the motion against the lowlife.

1.) David James mentions how he was served personally by a Sheriff's deputy AFTER initial service had been accomplished in the Rickmyer lawsuit. (Service by mail is sufficient after initial service) James asked the deputy if his office had ever explained that to Rickmyer. The deputy explained the sheriff's department complies with Rickmyer's numerous requests because they don't want to get sued themselves. (Now would be a good time to link to the post about Bobbie Chevalier-Jones, who is supposed to be supervising Rickmyer, click here)

2.) One of the documents contains a long list of entities Rickmyer has sued, all unsuccessfully, including Pizza Hut. There are a large number of Rickmyer lawsuits none of the Jordan neighborhood movers and shakers had apparently heard about before, including some where Rickmyer seems to be the defendant. I hope to get that list compiled and get it published in the very near future, since Google search engines won't find it in PDF-land.

3.) Here is an excerpt from my favorite portion of the legal argument about why Rickmyer is a frivolous litigant. Taking some liberties, however, I have inserted "Pete the Pedophile" where the name "Peter Rickmyer" appeared:

Despite numerous dismissals, (Pete the Pedophile) has not been deterred from asking the court to address his every frustration. Because there is no end in sight to (Pete the Pedophile's) recast and reinvented litigation, and in the interest of not only themselves, but that of the court and the sheriff's office, whose resources are unduly devoted to addressing Mr. Rickmyer's endless pleas, the Defendants... etc. etc.

4.) Here is another great excerpt, in which David James outlines in three-point form why Pete the Pedophile is a frivolous litigant.

(Pete The Pedophile's) pattern of litigation renders him a frivolous litigant. First, the same issues, such as the incident in Judge Porter's Courtroom, the alleged trespass and Defendant Hoff's blog, arise in multiple suits. His lawsuits are cumulative, as he re-litigates former issues and conjures up new theories to join them. As such, the courts serve as an alchemist's laboratory in which (Pete the Pedophile) mixes new allegations and unfamiliar causes of action in the blind hope of stumbling into success.

(JNS adds: that's probably how various artifices aimed at child molestation work, too. Meanwhile, this guy is drawing four forms of public assistance. Who was supposed to be watching this no-account pedophile? Bobbie Chevalier-Jones, click here for more info)

Second, Mr. Rickmyer's petitions are repeatedly dismissed, demonstrating a course of action interposed for an improper purpose. Certainly, the likelihood of success on the merits cannot be the driving force behind Mr. Rickmyer's decision to repeatedly initiate unsuccessful litigation.

(JNS translation: Pete the Pedophile is using the court system to lash out, even though he never wins he still manages to harass decent people by use of his worthless lawsuits)

Third, (Pete the Pedophile's) civil actions lack any arguable basis in law--let alone fact. In this case, for example, he sues Former Counsel for their representation in a lawsuit in which Rickmyer was not even a party, and various individuals and non-governmental entities for free speech violations.

(JNS interjects: it might be good to point out the First Amendment is a right the citizens have to keep the GOVERNMENT from interfering with free speech. When Rickmyer tries to sue an individual for interfering with his free speech rights, well, the man is just cracked)

(Pete the Pedophile) is not expected to have the acumen of a licensed attorney, but he must still possess a basis in law and fact to assert any and all claims. (Pete the Pedophile's) circuitous use of the court system to unsuccessfully address his frustrations is unwarranted and a drain on the court's resources and the sheriff's office. And certainly the Jordan Community is ill-served by the Council, a non-profit citizen-participation organization, and its board members applying their time, talent and resources to this and related litigation. Other defendants--in the Jordan Neighborhood and elsewhere--have been affected by (Pete the Pedophile's) litigation. All could benefit from parameters on (Pete the Pedophile's) access to the court.

(End of excerpt)

Last, I would like to editorialize a bit about Pete the Pedophile--poor, pitiable Pete who is supposedly getting beat up by the big bad Johnny Northside blog.

First, Pete is a public figure by virtue of his Level Three sex offender status. The State of Minnesota makes a point of publishing his likeness and pertinent pervert info for all the wired world to see. Most Level Three sex offenders have the sense to keep a low profile, but not Pete. Pete has decided that he will, for example, show up at a JACC meeting and comment about poor little North Minneapolis children who have PTSD-like symptoms.

The very spectacle is shocking: here is the notorious sex offender, trying to stand in the shoes of a decent person and testify at a public hearing about issues which may impact North Minneapolis children. It appears Pete wants to get a rise out of citizens by thrusting his disgusting self front and center, opening up his molester mouth and talking about traumatic things that happen to minors.

Needless to say, such a bizarre and hypocritical event is going to provoke coverage and commentary on a blog dedicated to North Minneapolis issues. Pete enjoys no special protection from criticism. If Pete is going to make a public spectacle of himself, he will be commented upon in a very public way. It is, however, amazing to see what comes crawling out of the slime in defense of Pervert Pete: the Mpls Mirror, for example, which has long been an example of "alienated loser malcontent media," has jumped to the defense of Pete the Pedophile.

Pete's filing of a purported lawsuit has revealed some interesting and relevant facts...like how many OTHER unsuccessful lawsuits he has filed harassing decent people. How has the Department of Corrections failed to reel him in? All we hear from the Department of Corrections is word of yet another Level Three sex offender being packed into our neighborhood. Clearly, North Minneapolis will be on the receiving end of Level Three sex offenders until we shout WHOAH! and start pressing our demand to live in a neighborhood where sex offenders are not concentrated in violation of the statute which is supposed to limit concentration.

Well, this blog is shouting WHOAH. And this blog will continue to shout something else: the specific addresses where these sickos live, so the slumlords who make this possible can receive the scrutiny they deserve.

2 comments:

Anonymous said...

I'm awaiting the rest of this post with bated breath.

MeganG. said...

The state just doesn't alert the wired world - they actually print a paper copy of his picture and perteredness and they deliver it door to door within a certain geographical area. So, I'd say they take significant steps to make him a public figure. Afterall, this blog doesn't deliver door to door. This blog doesn't deliver anywhere - internet users have to make an effort to COME TO THIS BLOG in order to see what you have to say.