United States District Court, S.D. Georgia, Savannah Division
ORDER AND REPORT AND RECOMMENDATION
CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE.
pro se, Robert Leslie Fallin brings this 42 U.S.C.
§ 1983 action against various state officials, a
municipal entity, and a private citizen involved in his
arrest and prosecution. Doc. 1. The Court now screens the
Complaint pursuant to 28 U.S.C. § 1915A,  which requires
the immediate dismissal of any pro se complaint that
fails to state at least one actionable claim.
alleges, unedited and in full, that
Prosecutor submitted false police report to Recorder's
court, Michael Kelly Failed to raise objection, though he
knew report walse false, Medical has refused to provide CPAP
machine for my sleep apnea. District Attorney admitted I am
being prosecuted for political reasons, rather than accepting
original recommendation of probation. D.A. likely suborned
perjury from several SWAT team members when they submitted
their after-action reports. D.A. inflated simple battery
charge to “Handicap abuse” because the victim is
a woman. Dr. Rohrer conspired with Judge Freesemann to delay
my psychological evaluation, then submitted an incomplete
evaluation with prejudicial conclusions. Judges Freesemann
and Warmsley ordered me to pay 90% to 100% of my income to my
wife, making it impossible for me to be released on bail.
I accuse the above-named defendants of racketeering,
conspiracy, obstruction of justice, sex discrimination or
retaliation for my exercise of free speech and petition,
along with mail tampering to hinder execution of my
complaints. I respectfully request my complaints be
investigated by the U.S. Attorney for South Georgia.
Doc. 1 at 5-6. This is an interesting new take on his
underlying criminal prosecution that contradicts the scenario
he previously submitted to this Court, under oath. As set
forth in Fallin v. Flood, 2017 WL 6758396 (S.D. Ga.
Dec. 5, 2017), Fallin's arrest for domestic violence was
actually more explosive than indicated here:
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 ...