IFA’s Charlottesville Case: Sines v. Kessler

On November 23, 2021, IFA's plaintiffs won their historic lawsuit -- with the jury holding every defendant liable for entering into an unlawful conspiracy to commit violence and intimidation, in addition to other claims, and awarding multi-million-dollar damages.

On October 25th, the Sines v. Kessler trial began in federal court in Charlottesville, Virginia. Information on how to follow the trial can be found here. 

A federal judge granted plaintiffs’ motion for entry of default against defendant Nationalist Front, which was an umbrella organization for neo-Nazis, white supremacists, and other hate groups. 

The court granted evidentiary sanctions establishing key facts against Robert "Azzmador" Ray, including that he engaged in an agreement with co-conspirators to committ racially motivated violence in Charlottesville.  

In response to a motion from our plaintiffs, the court granted evidentiary sanctions, known as adverse inferences, against the National Socialist Movement for concealing/destroying evidence. 

The court denied a motion by the defendants' to move the trial out of Charlottesville. 

The Court denied a late motion for summary judgement by defendant Richard Spencer. He will face trial alongside his co-defendants. 

The court denied a motion filed by a number of defendants to exclude certain expert testimony related to white supremacist tactics and the broader movement, finding that the testimony “will be relevant and helpful to a jury in this case.”

The court denied a motion for summary judgment filed by defendants League of the South and its leaders Michael Hill and Michael Tubbs. They will now face trial alongside their co-defendants.

Plaintiffs detailed how defendant Vanguard America and its leaders withheld and failed to preserve material evidence in our suit. Vanguard America was previously sanctioned over $16,000 for disobeying court orders.

The court granted plaintiffs’ request for a permissive adverse inference instruction against Ray, finding that “plaintiffs produced clear and convincing evidence that Ray intentionally withheld requested discovery knowing that it was relevant to an issue in the case.” This is the second time plaintiffs have won adverse inferences against the defendants.

The jury will be instructed to treat as established fact that Kline entered into an agreement with co-conspirators to commit racially-motivated violence in Charlottesville, among other facts.

After flagrantly violating court orders and failing to appear for three depositions, Robert "Azzmador" Ray was found by a federal judge to be in contempt of court, and a bench warrant was issued for his arrest. 

A federal court fully granted plaintiffs' motion to compel discovery from neo-Nazi hate group National Socialist Movement. The court ordered NSM Commander Burt Colucci to identify and turn over all relevant social media accounts and electronic devices.

A federal court ordered neo-Nazi Jeff Schoep to immediately turn over previously undisclosed phone, social media accounts, and other evidence — and also pay fees. Court warns he may face additional sanctions and contempt of court.

In a significant win for Charlottesville plaintiffs, a federal court ordered defendants Matthew Heimbach, Elliott Kline, and Vanguard America to pay $41,300 in financial sanctions. The court left the door open to even harsher sanctions if they fail to comply.

A federal court fully granted plaintiffs' motion to compel discovery and ordered neo-Nazi Robert “Azzmador” Ray to turn over all relevant social media accounts and electronic devices. 

Neo-Nazi defendant Elliott Kline (aka Eli Mosley) surrendered himself to the custody of the U.S. Marshals office for jail.

The federal court granted plaintiffs' motion to add Thomas Baker as a plaintiff in the suit. Click here to read the amended complaint.

The court sanctioned defendants Kline, Heimbach, and Vanguard America, requiring them to pay plaintiffs’ attorneys’ fees and leaving the door open to even harsher penalties.

The court requires defendant Schoep to turn over critical evidence.

Plaintiffs filed a Motion for Sanctions against Defendant Vanguard America. 

Plaintiffs filed a Motion for Sanctions against Defendants Elliott Klein (a/k/a Eli Mosley) and Matthew Heimbach, citing Defendants' failure to comply with court orders.

Judge Norman K. Moon denied a motion to block Twitter, GoDaddy.com, Cloudfare, and Hatreon from complying with plaintiff's subpoenas, which seek evidence related to the defendants coordination and planning of racially-motivated violence.

A California bankruptcy court ruled that defendant Nathan Damigo cannot avoid liability under Sines v. Kessler, despite his bankrupty claims.

In an important victory for Plaintiffs, the court compelled Defendants to hand over devices and social media accounts to be imaged, a critical step in the discovery process.

In a "huge victory" for Plaintiffs, the federal district court issued a 62-page decision rejecting Defendants' motions to dismiss.

The federal district court in Charlottesville heard oral arguments on Defendants' motions to dismiss the case.

A federal court in Louisiana ordered former KKK Grand Wizard David Duke, a non-party, to produce documents in response to Plaintiffs' subpoena.

Plaintiffs obtained entries of default against five defendants, including neo-Nazi Andrew Anglin and the East Coast Knights of the KKK.

Plaintiffs filed an amended complaint, including two new named plaintiffs who were injured by Defendant James Alex Fields.

Plaintiffs filed a lawsuit against white supremacists and hate groups for conspiring and causing violence in Charlottesville. The complaint alleged violations of the 1871 Ku Klux Klan Act and various state laws.