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Fallin v. Meg Heap

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

April 24, 2019

ROBERT LESLIE FALLIN, Plaintiff,
v.
MEG HEAP, et al., Defendants.

          ORDER AND REPORT AND RECOMMENDATION

          CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE.

         Proceeding 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.[1] Doc. 1. The Court now screens the Complaint pursuant to 28 U.S.C. § 1915A, [2] which requires the immediate dismissal of any pro se complaint that fails to state at least one actionable claim.[3]

         I. BACKGROUND

         Fallin 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 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 ...

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