30 October 2012
KingCast presents Iqbal and Twombly lain bare to Politico's Scott Wong and Manu Raju in Kelly Ayotte First Amendment case.
This is a searing video, you bet. And the circumstances justify it. Everyone Plaintiff-side lawyer knows that Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly are the Psylla and Chrybdis of Plaintiff/First Amendment/Civil Rights Law. Creepy counsel for Defendants and disingenuous judges who don't want to hear certain types of cases can just send you packing by saying the magic words, "Iqbal and Twombly" even with those cases don't apply to the facts at hand. Then you as a Plaintiff are left to appeal and to hammer your points home and hope for the best, which is exactly what I am doing here in my Free Press First Amendment Appeal in KingCast v. Ayotte, NH GOP and Nashua PD. They beat people involved in videotaping them. They won't dare go there with me but I'm sure some of them would love to, including Defendant Hargreaves. He's a real ass.
While I am of course arguing all portions of the case, including those in which an Iqbal/Twombly analysis could come into play, in my First Assignment of error my point is that a clear cut pattern of disparate treatment obviates any application of Iqbal and Twombly. While I may make it a separate Assignment of Error (I dunno, I wrote these a long time ago and when you revisit them you view them differently) I also argue that it was reversible error for the Court to refuse to allow me to file a Third Amended Complaint because the Nashua Police Department committed certain acts in violation of the First Amendment during the pendency of my case so there is no way I could have raised them earlier. Some of these acts indirectly referenced the First Amendment efforts of Yours Truly in exposing their antipathy toward the First Amendment vis a vis Nashua resident Mike Gannon (and Pamela Reynolds).
It is important for Politico writers Scott Wong and Manu Raju (as well punk-assed NYC writer David Shankbone who makes a cameo in the short film) to understand what is really going on here from someone who has actually won First Amendment trials and helped shape First Amendment Law in Nashua, NH with the help of elected officials no less, as noted in this video. For more read the Appellate Rule 27 Memoranda.