Visconi v Killeffer – Defamation

Hamilton County Case 13-C-1305 Visconi v Killeffer

(Above link does not work with Google Chrome but will with Internet Explorer; the above link is an Adobe PDF Portfolio containing all motions, orders, letters and the final order in the case)

Mr. Visconi has pursued his lie through three Federal Cases all of which were dismissed. The first two Federal Cases were filed in Federal Claims Court which was the wrong court for his case. He appealed both dismissals but the dismissals were affirmed by the appellate Court.

He then filed suit against the Bureau of Correction of Naval Records (BCNR) and the United States in the Federal District Court for the Middle District of Tennessee which was the correct court to hear his case. He argued that BCNR was arbitrary and capricious in

Frank Joseph Visconi         BLOWFISH

Frank Joseph Visconi

their denial to correct his military records to include the Purple Heart, Bronze Star, Presidential Unit Commendation and the Combat Action Ribbon. The Federal District Court dismissed his case with prejudice thereby guaranteeing that he could not sue again. That case is currently under appeal with the Sixth Circuit Court of Appeals. Mr. Visconi in his appeal has not stated any material mistakes by the District Court but simply that he does not agree with the decision.

It is interesting to note that no court has found any merit in his ridiculous argument. His lie that all of his records were incorrect fell on deaf ears.

While pursuing his cases in Federal Court Mr. Visconi also filed Defamation suits against the POW Network, Chuck and Mary Schantag and Samuel Killeffer.

First in Stewart County, TN where the court found the statute of limitations had run and therefore the case was dismissed. Then he filed the same suit in Nodaway County, MO. The circuit court found that Mr. Visconi did not file in accordance with their rules and dismissed the case. Mr. Visconi argued that the order of dismissal should be changed to a judgement of dismissal which allowed him to appeal the decision. The court complied and Mr. Visconi appealed and the appeals court affirmed the lower court decision of dismissal.

He then refiled the case but when it came time to appear in court he was a “no-show”. That case was dismissed with prejudice which prevents him from re-filing the same complaint.

He then filed a Defamation/False Light Invasion of Privacy complaint against Samuel Killeffer in Stewart County, TN. In that case the defendant motioned the court for a change in venue and the motion was granted and changed to Hamilton County, TN circuit court. The case had progressed to the “discovery phase” and Mr. Visconi realized that the defendant through his discovery motions was about to expose the lies that he has told which were documented in the various courts.

At this point Mr. Visconi began writing letters to the defendant and the Judge complaining that he was not going to receive justice in Hamilton County. When the defense moved the court for sanctions against the plaintiff Visconi decided to withdraw his complaint resulting in a voluntary dismissal.  A hyperlink to the entire case file including Mr. Visconi’s letters is provided above for the readers to enjoy.

***************  UPDATE  ***************

Link to Mr. Visconi’s Pleading to the 6th Circuit

On March 27, 2014 Visconi filed a “Supplemental Pleading” with the Sixth Circuit Court of Appeals containing a letter he sent to Judge Jeffrey Hollingsworth of the Hamilton County, TN Circuit Court. In that letter he “begs” the Judge to re-open the case which he(Visconi) withdrew from. The hyperlink above will open that entire filing which includes that letter and several other communications.


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