I post this full opinion from the able USDC Judge Lynn Adelman, in Milwaukee not because it is in any manner surprising, but rather because the Powerline boys, and Hinderaker in particular, said this day would never arrive. He said so, in writing repeatedly, as a “trial lawyer” — with 41 jury trials under his belt. Hilarious.

He said that Kyle would escape on a motion to dismiss, in any civil action. That turns out NOT to be the law, boys. And in such federal § 1983 civil suits, a plaintiff surviving the motion to dismiss… is a very big win, indeed.

It means Kyle must testify at a deposition — under oath — about whether officers gave him special treatment [water bottles, safe passage (despite not lawfully being in possession of that AR-15, and violating curfew) and called him a “friendly” — as well as allegedly having herded the protesters into his “kill box”, specifically constructed to give the armed vigilantes what they wanted — a confrontation in which they could fire on what they claimed were “antifa” activists]. In sum, he will have to perjure himself to have any hope of being held not liable.

Kyle is, of course, now a young man of very limited means — but between the additional municipal defendants and the Sheriff, as well as the coming joint and several liability orders… anything Kyle ever earns… will now likely go into the dead man’s estate / and thus, the family’s ultimate control.

And no, that will not bring Mr. Huber him back — but it is some justice, in a town where the local county judge ran a circus / a criminal farce, openly trying himself, to engineer an acquittal for Kyle.

This — the federal suit, will be the lasting historical mark, though — Kyle will ultimately be hounded by judgment creditors… forever. To the tune of millions of dollars.

Cheers, boys (this includes the wrong-headed and now cantankerous old… Eric Zorn):

…On the federal claims, Rittenhouse’s principal argument is that, as a private citizen, he was not acting under color of law for purposes of liability under 42 U.S.C. § 1983.

However, as discussed above, the complaint alleges that the police and armed individuals had entered into a conspiracy to funnel protestors into a confined area, at which point the armed individuals would “deal with” the protestors by using force. As explained above, this conspiracy, if it existed, would have deprived the funneled protestors, including Huber, of their rights under the Equal Protection Clause and the First Amendment. If Rittenhouse were a part of this conspiracy, he would face liability under § 1983. Spiegel v. McClintic, 916 F.3d 611, 616 (7th Cir. 2019) (private citizen can act under color of law if there is “evidence of a concerted effort between a state actor and that individual”).

Here Rittenhouse claims that the complaint does not adequately plead that he was part of any such conspiracy. But, as discussed above, the conspiracy involving law enforcement and the armed individuals is adequately pleaded. Moreover, because the complaint alleges that Rittenhouse was one of the armed individuals (Am. Compl. ¶¶ 3–5), and that the violence he perpetrated was part of the plan to harm protestors (id. ¶¶ 94–95, 97), the complaint adequately pleads that Rittenhouse was part of this conspiracy.

Rittenhouse argues that he shot Huber because Huber attempted to disarm him, not because of any plan to deprive protestors of their constitutional rights. However, the complaint pleads that the violence perpetrated by Rittenhouse was part of the conspiracy….

Smoke… that.

I like Eric. He usually gets it all just right.

That is to say, he regularly champions human decency, kindness and protection of those in difficult circumstances, and/or those of limited means. He is — and this is not a bad word — a classic liberal. Here’s the opinion column he wrote yesterday — which I’m going to discuss below. Go read it, since I’ve not yet tainted your thinking. I’ll wait…

Wait… you’re back — already?

Okay. Cool. The facts the DA says he can prove — and, in exactly the order in which they transpired — here… WILL matter quite a bit.

Mr. Zorn really did read up — on self defense law, but he’s not been to law school; and his readings on self defense… unfortunately weren’t tied to the DA’s charging document.

Mr. Zorn thinks Kyle Rittenhouse will walk. On self-defense.

I don’t. [More of my analysis, here, from last week.] The Kenosha DA swears he can prove the first fatality that night, was an unarmed man, who threw a plastic bag in the direction of young Rittenhouse (page 2), and was shot in the back first — then three other times elsewhere on his body, thus falling dead nearly immediately. Again. In. The. Back.

Rittenhouse used his semi automatic rifle to “drop shoot” the victim in the back, and fired four times in under two seconds — using a weapon that is unlawful in the hands of a minor, all while directly disobeying a police order to leave, since he was violating curfew.

The Kenosha Coroner has averred, in the Kenosha DA‘s charging document (at page 5) that this first shot through the back was the cause of death.

There can be no credible claim of self defense, in this first homicide. Rittenhouse had no right to be in the street; he was a pure trespasser, since he was personally ordered to leave. A police officer will testify that he personally, and forcefully ordered Rittenhouse to leave the scene, earlier in the evening. Kyle did not leave; and he shot an unarmed man in the back with a weapon he had zero right to be carrying.

Game over — on that one. All the rest then doesn’t matter. That first killing is mandatory natural life, without hope of parole — under Wisconsin law. [It will be a grave mistake for Mr. Pierce to argue that Kyle has a Second Amendment “well-regulated militia” defense — but that is exactly what he said they are going to do — in an interview with Forbes, last week. Pierce was hired by top dollar right-wing causes, for Kyle.]

He may get off (self defense) on the next killing, and the third non-fatal shooting — but the first one is clearly first degree murder, under Wisconsin law.

Facts matter. And the order in which they occur… matters.

Here endeth my sermon.

Namaste….