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Fallin v. Lt. Flood
United States District Court, S.D. Georgia, Savannah Division
December 5, 2017
ROBERT LESLIE FALLIN, Plaintiff,
LT. FLOOD, et al., Defendants.
REPORT AND RECOMMENDATION
Fallin, an inmate at Chatham County Detention Center, seeks
to recover money damages in this civil rights action filed
against “Lt. Flood, ” the “head” of
Savannah-Chatham Metro Police Department's “SWAT
Team, ” the “head” of the police
“robot team, ” District Attorney Meg Heap, and
Christopher Boyette, John Little, and Daniel Keng, whose
roles in the case are unclear as they are never referenced in
the body of the Complaint. Doc. 1 at 1 & 4. He summarizes
his Complaint as “involv[ing] the attempted murder of
me during my arrest and the subsequent cover-up by officers
of the Court in Chatham County.” Doc. 1 at 4.
Preliminary screening of his Complaint shows that
Fallin's case must be dismissed.
and in full, Fallin alleges the following:
3 Savannah Chatham Metro Police responded to my wife Millie
Fallin's 911 call. Millie told them that she was afraid
to go home because she and I had an argument; and that I had
threatened to kill her and the police. She told them I was
sleeping, but that I had a loaded shotgun by the bed. Police
took no security precautions and came over to my partially
open front door. Something woke me up and removed my CPAP
mask, which prevents me from hearing all but the very loudest
sounds. I called for Millie through the partially shut
bedroom door, but heard no response. At that time I saw my
front door was partially open, peering through shut blinds, I
saw a man, upper torso, dressed in a yellow-green rain jacket
with no visible markings, as all I could see was the left
sleeve. Since my wife never leaves the door
unlocked, much less open, I thought she had complained to her
bar buddies at Rachel's 1190 that I had hit her lightly
on the head and, accidentally, on the shoulder after she
threated to tell police I hit her when I had not
touched her, then yelled, “He hit me!” loud
enough for neighbors to hear. I kept the loaded shotgun next
to the bed after Millie called the police a few years earlier
and claimed someone had come to our porch and pointed a gun
In any event, I saw the would be intruder push the door
further open after I went over to pick up the shotgun, I did
not realize until then the man at the door was a police
officer, as I saw “Police” on the back of his
rain jacket as he and two other police officers ran, I
lowered, then put down the shotgun, went to the front door,
unarmed and making no attempt to conceal myself,
examined the front door, waited for police to call, then shut
and locked the front door and went back to sleep. Rather than
keep my apartment under surveillance (so they would have seen
me at the front door), the officers called in a S.W.A.T.
team. While I slept, the S.W.A.T. team position a small robot
outside my front door. The robot had an arm and a video
camera. Also, during the time I had brandished the shotgun, I
must have popped the window shade, as it was open. So the
robot and the S.W.A.T. team had a clear view that I was
asleep and not a threat, should officers have
approached my window and arrested me at gun point.
Instead, I awake and pull off my CPAP mask to the sound of a
bull horn and the sight of a tracked robot with a video
camera. I was irate. I initially refused to come out because
of the unreasonable force being used, as I feared I would be
injured or worse. However, after less than two minutes of
negotiating, the small robot smashed my window, pelting me
with glass. I screamed a protest, which was not
presented in court (nor was the robot video), and the robot
began battering at my front door. Panicking, I picked up the
shotgun, unloading it into the robot. I then threw a can of
bacon grease onto the robot treads to foul them, in case the
robot was not completely dead. But it did not move.
I then laid back down, put on my mask and went back to sleep.
Rather than arrest me, those who removed the robot let me
sleep, even though I was now readily accessible through the
Once again, I awoke to the bull horn. Taking off my mask, I
screamed at the negotiator about how the robot had smashed my
window. However, after about one minute, I agreed to get on
the house phone. However, just as I made contact with the
negotiator, the S.W.A.T. team began firing C.S. tear gas into
my apartment. Furious, I disconnected the phone and went back
and lay on the bed. Before I could put on my mask, a ferret
round passed about 1 ½ inches from my abdomen. I
calmly went to the bathroom, wiped my face with a wet towel,
put on my CPAP mask and went to sleep.
By their own admission, S.W.A.T. inserted enough CS tear gas
to kill me many times over. Since CS tear gas is also
flammable, the SWAT team could, conceivably, burn down the
building or a large portion of the apartment complex.
I slept until the police shut off power to my apartment. As I
removed my mask, I began hearing what I thought was lethal
I gathered weapons and fired into the ground approximately 3
feet beyond the sidewalk in front of my apartment, but
clearing the bushes. This was suppression fire, because I did
not want anyone hurt while trying to rush my apartment.
Likewise, I used taunting to encourage extreme caution.
However, while executing suppression fire, I made no
attempt to conceal myself. Yet, sharpshooters never shot me.
I was confused and disheartened; as I believed I had done
everything possible to delay arrest until cooler heads
prevailed, so I could avoid losing my life. Finally, I chose
suicide by cutting my brachial arteries with a 6”
butcher knife. I chose this form of suicide because I thought
I would have more control of my death.
However, I decided it took more courage to live than to die.
But, before I could put away the knife, a large police robot
broke through my front door and started approaching me. I
sensed danger; and I began cutting wires on the robot. Turns
out, the robot was equipped with a shotgun shell to blow off
my face and an explosive charge “to breach the
door”. Since the small robot could have breached the
door, the 500 pound large robot certainly could. Thus, the
purpose of the explosive charge was to cover up the evidence
that I had been murdered by the shotgun shell.
The raid was illegal, the S.W.A.T. team commander knew it;
and, had I surrendered any time earlier in the raid, I would
have been “accidentally” shot.
Clearly, the District Attorney's office realized the raid
was an illegal “home invasion.” Thus, the D.A.
and prosecutor used every effort to deny me Veteran's
Court. This included enlisting Dr. Jennifer Rohrer in denying
I had previously undiagnosed PTSD. For this, she likely
conspired with Superior Court Judge Penny Freesemann.
Superior Court Judge Timothy Warmsley also likely conspired,
dragging my wife Millie's psychological evaluation until
after I was convicted. Judge Warmsley also illegally ordered
Georgia Heritage Credit Union to dispense funds from my
personal savings account (not a joint account). Sheriff John
Wilcher's deputies delivered protective orders which
stripped me of my income without due process. Not surprising,
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