September 4, 2025
Thomas Richards has filed a comprehensive federal lawsuit today in
the Western District of Virginia Richards
v. Kirkman, 5:25-cv-00089 – CourtListener.com against the creators and
distributors of "The Walking Dead" franchise, asserting that creator
Robert Kirkman deliberately used his exact name for a villainous character to
damage his reputation and religious ministry, and the other defendants
continued to distribute and profit from the defamatory content.
The lawsuit names as defendants Robert Kirkman (series
creator), Skybound Entertainment, Image Comics, Scopely, and Telltale Games/LCG
Entertainment - multiple major entertainment corporations behind one of the
most successful media franchises of the 21st century.
The Core Allegations
According to the complaint, defendants created a character
named "Thomas Richards" who is portrayed as a psychopathic serial
killer in the comic book series, video games, and related media. The fictional
character falsely claims to be imprisoned for tax fraud - a detail that
Richards alleges deliberately references his brief prior association with
controversial religious figure Tony Alamo, who was convicted of tax fraud.
Richards, who operates OvertPsyops.ai, SpirituallySmart.com and
has maintained an online biblical ministry since 2000, argues this association
has severely damaged his ability to reach his audience and share his religious
message.
Pattern of Intentional Naming
This may be the first lawsuits to systematically document a
creator's admitted practice of naming characters after real people. The
complaint extensively details creator Robert Kirkman's public statements about
his deliberate naming choices across multiple characters and even his personal
life.
Villains Based on People He Dislikes: - "The
Governor" (Phillip): Named after his elementary school bully, with Kirkman
stating he will "never name a good character Phillip" and saying “F-
that guy” to express continued animosity - Gregory: When asked if this
villainous character was based on someone real, Kirkman gave the cryptic
response: "Was Gregory based on someone real? The world will never
know"
Heroes Based on People He Likes: - Earl Sutton: A positive
character based on "a close friend of mine whose father is a
blacksmith," who becomes "one of the series' most reliable
characters"
Personal Life Examples: - His own son: Named "Peter
Parker Kirkman" after the Marvel Comics character Spider Man, because he
is a big fan of Spider Man--demonstrating how seriously Kirkman takes naming
decisions
Richards argues that his case follows this same deliberate
pattern, supported by the statistical improbability of coincidentally using his
exact name combined with the specific tax fraud connection to Tony Alamo.
Successful Service of Process
After extensive investigation, Richards successfully served
defendant Robert Kirkman this morning at his residence. The process server was
able to complete service through a family member when Kirkman was not
personally available.
Service on the corporate defendants (Skybound Entertainment,
Image Comics, Scopely, and Telltale Games) will proceed through their
registered agents in the coming days.
Legal Claims
The lawsuit raises three primary claims:
- Defamation
- arguing the character creates false associations with Richards' identity
- Virginia
Code § 8.01-40 violation - unauthorized commercial use of his name
- Unfair
competition - misappropriation of his established identity
Richards seeks monetary damages and injunctive relief
requiring defendants to either rename the character or transform it into a
heroic figure to counteract the negative associations.
Media Interest and Broader Cultural Significance
The Broader Context This lawsuit represents part of Richards' ongoing legal efforts to protect his online religious ministry from systematic suppression/censorship and appropriation by major media companies. Richards has been documenting and fighting various forms of digital censorship and identity misappropriation for over fifteen years.
The case has already attracted attention from major news outlets. Thomas and Lisa Richards spoke with reporter Justin Rohrlich from The Independent today, with coverage expected this weekend. The story combines elements that resonate with current cultural discussions: popular entertainment, religious freedom, internet privacy, and emerging questions about identity rights in the digital age.
The case highlights emerging legal questions about how fictional characters in major entertainment franchises can impact real individuals who share their names, particularly when creators admit to deliberately naming characters after real people.
For more information, see the AI chatbot at https://walkingdeadai.com/
Thomas Richards has been a biblical researcher and online
minister since 1997, operating SpirituallySmart.com and maintaining a
substantial following across social media platforms including @tlthe5th on X
and YouTube.
