On Monday, August 15th, Stewart Springer, an Attorney from Jefferson County, filed a Petition for Protection from Abuse against Cullman County Attorney Kimberly Drake with the Drake Law Firm.
The Plaintiff, Stewart Springer, stated in the Petition that Kimberly Drake sent text messages in which she threatened the plaintiffs: “Do not come back to Cullman anymore. It is not safe. We are watching y’all. Y’all have stirred up enough trouble. Do not come on our turf. We will escort y’all out of here. It is like going into New Orleans for y’all. Not safe. Look at statistics. We will show up at the next restaurant. Y’all are not very smart.” Springer went on to say, “I fear Kimberly Drake will try to kill me or my wife.” According to the Petition filed, the incident occurred Saturday, August 13th, 2022, at the All Steak restaurant. Also noted in the Petition, Springer stated he would seek a warrant for the arrest of Kimberly Drake. The Petition was filed in the Cullman Circuit Court. Case Number: 25-CV-2022-900215.001
Subsequently, Springer filed a Verified Complaint for Restraining Order Temporary Injunction, Preliminary Injunction and Permanent Injunction Relief Pursuant to Alabama Rule of Civil Procedure 65 on Wednesday, August 17th in the Circuit Court of Cullman County. Case Number: 25-CV-2022-900216.00
- Stewart Springer is married to Allison Springer.
- Allison Springer is the daughter of Dr. Bruce Harbison and Kaye Harbison long-time residents of Cullman County.
- Kimberly Drake is the sister of Allison Springer.
- Allison Springer grew up in Cullman County, Alabama attended West Elementary School and graduated from Cullman High School.
- Allison Springer was invited to attend her high school reunion party at the Elks Lodge in Cullman, Alabama to take place on Saturday, August 13, 2022.
- On Saturday, August 13, 2022, Stewart Springer traveled with his wife Allison Springer to Cullman, Alabama, and went to the All Steak Restaurant in Cullman, Alabama, to eat prior to the high school reunion.
- On Saturday, August 13, 2022, Kimberly Drake sent a text to the Springers that stated as follows: “Do not come back to Cullman anymore. It is not safe. We watching yall. Yall have stirred up enough trouble. Do not come on our turf. We will escort yall out of here. It is like going to New Orleans for yall. Not safe. Look at statistics. We will show up at the next restaurant. Yall are not very smart.”
- Kimberly Drake repeatedly warns Springer and his wife Allison Springer (“yall”) that they are not safe in Cullman, Alabama because of Kimberly Drake.
- Kimberly Drake states she is watching Springer and his wife Allison Springer admitting she (Kimberly Drake) is stalking and will stalk the Plaintiff and Allison Springer.
- Kimberly Drake states she will escort Springer and his wife Allison Springer out of Cullman, Alabama which is a threat by Kimberly Drake to physically remove the Plaintiff and his wife Allison Springer from Cullman, Alabama.
- Kimberly Drake cryptically warns Springer and his wife Allison Springer that going to Cullman is “like going to New Orleans” for them because it is “not safe” for Spring and his wife Allison Springer because of Kimberly Drake. Kimberly Drake warned Springer and his wife to look at the statistics (presumably crime statistics of violence and murder) from New Orleans. Kimberly Drake warns Springer and his wife that they will be in jeopardy when they return to Cullman, Alabama because of Kimberly Drake.
Springer states that he fears Kimberly Drake will harm him and his wife or murder him and his wife, continue to stalk him and his wife, and fears for his and his wife’s personal safety and well-being because of the threats.
The entry of a Restraining Order, temporary injunction, preliminary injunction Order will simply maintain the “status quo” until such time as the Court can determine finally the claims of the parties and enter a permanent injunction. Springer requests the following relief:
- That summons be issued by this Court directed to the Defendant, Kimberly Drake, at Drake Law Firm 419 2nd Ave SW Suite B Cullman, Alabama 35055, as required by law.
- That Kimberly Drake be enjoined from threatening to commit or committing any acts of violence against Springer and his wife, Allison Springer, and his teenage daughter.
- That Kimberly Drake be restrained and enjoined from annoying, harassing, stalking, threatening, engaging in conduct that would place Springer, his wife Allison Springer, or their teenage daughter in reasonable fear of bodily injury.
- That Kimberly Drake be restrained and enjoined from going within one thousand feet of Springer, his wife Allison Springer, or their teenage daughter.
- That after the issuance of a Temporary Restraining Order that the Court, set this matter for an evidentiary hearing at which time the parties can present testimony and evidence.
- That the Court issue notice of the date of hearing on this matter to the Defendant.
- That the Court set a reasonable bond to be paid by Plaintiff, Springer and the bond in this case should be nominal due to the circumstances.
- That the Court tax costs, expenses, and attorney fees against the Defendant Kimberly Harbison Drake.
- That the Court retain jurisdiction of this cause for such further Orders as may be necessary in the interest of justice.
- That the Court grant such other further relief and different relief to which the Plaintiff may be entitled in law and or equity.
Cullman Daily reached out to The Drake Law Firm for a response to the Petition and Restraining Order. Thomas Drake, Kimberly Drake’s husband, sent the following statement:
“In response to your request pertaining to false allegations levelled by Stewart Springer. On August 16, 2022; Springer filed a Petition For Protection From Abuse against my wife in the Circuit Court of Jefferson County. Having practiced law for over 25 years, Springer knew that if an alleged act occurred in Cullman County, the proper venue to file an action was in Cullman County. This, of course, should not come as a surprise in light of Springer’s having been found guilty of unethical misconduct previously by the Alabama State Bar. Before Springer filed his petition in the Jefferson Circuit, he had prepared a three (3) page Motion To Dismiss; to dismiss the case immediately upon filing. To be sure, Springer’s Petition From Abuse was filed at 9:12 a.m. on August 16, 2022. It was hand-written. Thirty-five minutes later (at 9:47 a.m.), he filed his pre-typed motion to dismiss. Begging the question: why would someone file a petition having pre-prepared a motion to dismiss prior to its filing? In his petition, Springer states: “I fear Kimberly Drake will try to kill me or harm me.” We find this passing strange in light of the fact that he filed a motion to dismiss within 35 minutes of swearing, under oath, that he was afraid for his life. And why would Springer be afraid of a woman of 55 years when he notoriously carries a pistol with him at all times? Regardless of the foregoing, my wife denies having sent any message in any form to Springer.
Now, Springer has filed a request for a restraining order against my wife. In it, he claims that my wife is stalking him. Since I am with my wife that vast majority of the time, I can attest to this allegation as perjury. Again, Springer makes a wild claim that my wife will “harm or murder him”; and that he is afraid that she will continue to “watch” him. Quite frankly, I cannot tell you where this man lives. And we don’t have time to even “watch” ourselves. I am in my office every morning at 4 a.m. and leave at 6 p.m. If Springer is being “watched” or “stalked”; it’s in our sleep. In time, we will reveal an entire history and biography on Mr. Springer that will dispel any credibility on his part. And, we will prevail.” – Thomas E. Drake II.