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Fallin v. Lt. Flood

United States District Court, S.D. Georgia, Savannah Division

December 5, 2017

LT. FLOOD, et al., Defendants.


         Robert 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.[1]

         Unedited 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 at her.
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 broken window.
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 small arms.
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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