19.
This paragraph is dedicated specifically to IMPD Lt./VEC Security Guard James Waters.
Since IMPD James Waters became the Security Guard for the VEC in year 2002, he had literally advanced his career in IMPD at the Plaintiff expense. Plaintiff was arrested and transported directly mental hospital. Police were using immediate detention only to justify own wrongful arrest and they know it. Even if I was “crazy and mental” that’s not a crime. There was no life treating situation for myself or anyone else which meets the standard of Indiana Law under immediate detention. Immediate detention to Mental transportation was used to phishing that I might be using a drug just because told by IMPD James Water. I was forced to take the drug test for because IMPD James Waters’ accusations illegally. 19(a) In my Complaint-docket#1 ¶20, “On 6th day of March 2008; around 1430 hours, Lt. James Waters burned his police car engine to intimidate and harass the Plaintiff as she was going into her building-4250. Lt. James Waters had a smirk on his face. The Plaintiff knew instinctively that she has to brace herself…... The Plaintiff was wondering why IMPD James Waters and his cronies, VECHOA Board and the neighbors in Building #4250 were intensifying their hostilities to her in March 2008. As this suit is going forward the Plaintiff found the answer to her own question a couple of months ago in 2009. 19(b) The Statue of limitation on all the 3 criminal cases’ which year is 2005, 2006 and 2007 ran out at the latest on March 2, 2008 as per “Order of appointment of Special Judge” dated 2nd day of March, 2007 from the Indiana Supreme Court no. 49S00-0702-SJ-62 (The Plaintiff just want the Court to note the Date of the Order and the Plaintiff did not know that Page 1 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
Supreme Court Order existed until
this year 2009..) James Waters’
feeling is hurt when the Plaintiff did not get convicted for the three previous arrests and he conspire with others and have me arrested in November 6, 2008. No cops with right mind of state will arrest me on last year 2008. His conspiracy will not stop and will get only worse depend on outcome of this lawsuit. In this Court, left me to defend myself last time by dismissing my first lawsuit which situation worse is the proof. On last March 6, 2008 incident-¶19(a)initiated by him was the subtle way to show/tell me that he will not stop his harassment and intimidations by more arrest of me which he did on Last arrest Nov 6, ‘08. How lucky I’m that I get arrest once a year. If that is not the pattern and practice, I don’t know what that could be. There are so many heartaches, degrading, ridicules, etc., along the way by the Defendants that I had/have to endure because one vs. Village, Indiana State and Federal. He is empowered/anointed by the VEC HOA Boards, the Property managers, especially building 4250 owners/residents to make me move out by any means all for that matter dismissed my first lawsuit-1:05-cv-1616 by this Court. I will suffer whoever I move/go live anywhere in the U.S. If I (we) move out, this will only get worse because IMPD James Waters’ determinations to use me as to build his network/power to further his career as he was/is doing. 19(c) The Court did not provide the Plaintiff with a copy of the Supreme Court Orders and I, Kay Kim
ran into by chance. IMPD James Waters
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was in close tap on my all case(s) because he was the mastermind behind all the arrests and plan next attack. 19(d) Whenever the statute of limitation is any of her case is about to expire he stirs up a new scheme and conspires with Defendants 2 & 3, his cronies in IMPD, VECHOA Boards, Property Managers, Building 4250 Defendants #3, #4, #5, #8, to get her arrested. He has to appease the VECHOA Board and VEC residents of building 4250 if he intends to keep his VEC Security Guard job which provided him a condominium unit free of charge for the last 8 years. As a result the Plaintiff gets arrested on her own property without probable cause on an average once a year. The Plaintiff is not allowed to excise her rights as an owner of the condo unit. 19(e) There was a period of about 3 years between IMPD James Waters first citation in 2002 against the Plaintiff in the VEC property parking lot for a non-moving violation and her first arrest in year 2005 when he did not bother her. The reason for the peace was that James Waters and the VECHOA Board were too busy having sex with the property managerSara Wilson who embezzled about $300,000- $500,000. They do not have time to entertain #3, #4, #5’s discrimination. #8 Mae Vera and Scott Perry did not move into VEC until the 2005 arrest. 19(f)
When VECHOA Boards did not stop #3 Patricia Ladenthin and #8 Scott Perry from harassing me in the common area the Plaintiff asked to have the financial report from VEC Treasurer Bryan Whitfiled. He said, “…. Did you ask financial report when Sara Wilson was the property
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manager?” When the Plaintiff answered “no” he said “Then why are you asking now?” 19(g) IMPD Lt. /VEC Security guard James Waters is directly and indirectly involved in all my criminal and civil cases except the City County Building Case. His involvements in all the cases can be proved beyond doubts. All The Plaintiff need is an Order from this court or Indiana Criminal Court to compel MCS Communications Department to produce CAD/Event Detail History of transcripts for all the incidents on the day of arrests. 19(h) City County Building ¶42-46 incident/arrest could have been prevented. There was a chain of events starting with IMPD/VEC Security Guard James Waters intentionally did not want to stop the 4250 #6 residents for letting their dog to urinate and excrete on the balcony. IMPD James Waters, VECHOA Boards, Property manager-Sharon Overley (Defendant of 1:05-cv-1616) and #3 Patricia L, #4 Linda Handlon of building 4250 were all elated when 4250#6 Karen Herring was making my life hell. Then 4250 #6 Karen Herring had a toilet overflow causing damages to my unit. The Plaintiff filed for relief to her damages in the civil court. The State Civil Court dismissed the case under 12b6 even though the Plaintiff had claimed and itemized the cost of the damages down to penny and she also had a court filing and letter from the Defendant admitting guilt. The defendants in this case learned the trick and want this Court to dismiss the case under 12b6 too. When the lawsuit was dismissed, there was community celebration in the VEC. IMPD James Waters and #5 Susan Page 4 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
Sclipsea knew about the dismissal even before the Plaintiff return home from the State civil court. 4250 #6 Karen Herring moved out of VEC in 2006. The new owner/resident of #6 Shannon & Kyle Love decided to move/sell their unit 3 years later. Before they move out they flooded my unit with toilet water for 3 days. When the Plaintiff buzzed the unit#6 to get insurance information from Shannon & Kyle Love, he threatened to call the police and have them arrest her for harassment. He called the Police but she was not arrested. They assumed that they can get away like the others. They wanted to use the police to intimidate her. It only can happen over and over again, because I’m not white. So the Plaintiff claimed for relief in the Small Claims Court. The Judge started to give advice to the defendants before the trial as if it is the normal practice and “fact finding” purpose. A Judge should never decide on a case until he hears the facts from both parties. Small Claims Court Judge Douglas didn’t care. He already decided how much damage was caused even refused to accept Plaintiff’s exhibits for the damage. My first Toilet Overflow experience, I (we) got about $30. to repaint. I noticed that a couple of days later yellow color sips through from the bathroom ceiling. I let other left to imagination what that might be. If they dilute the yellow colored water to make looks clear water, it will make matter worse because bigger areas will be contaminated with more serious damage. I didn’t know what was the proper way to rectify the situation back then. Anyway, the Judge asked the defendants to get State Farm Insurance to give an appraisal for the damage repair. Small Claims Court Judge A. Page 5 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
Stephen Douglas, Court Clerks, and Defendants are as usual busy networking to screw me up. Even Defense counsel, James A. Edgar is involved to influence my case which I have no problem with it. It’s free country. I knew that this suit of Defendants 2 in ¶4, and even, IMPD James Waters, etc., gang up to influence in even my Small Claims court lawsuit. Well, I’m learning how the United States justice systems at work and whatever. Furthermore counsel James A. Edgar wants the Federal court to “….tamper..” me by convicting me on the 4 criminal cases without any evidence so that he can share any judgment the Plaintiff may get from the Small Claims Court. The Plaintiff has to inform him regrettably that James Edgar may have to wait for a very long time because this case may be heading to a higher court and thereafter to meet worse corruptors-Judge Sosin and the staff. This case shows that the residents/owners of building 4250 are doing the same thing to the Plaintiff over and over again. This is because they have the blessings of IMPD Lt./VEC Security Guard James Waters & VECHOA Boards, Property Manager(s), residents/owners of building 4250 to conspire against the Plaintiff. Obviously after the sale of the unit they will tell the new owner her stories and how the police and all levels of courts screwed her over the years. It is their rights to talk whatever they want and the Plaintiff has no problem as long as they don’t become a copy cat. Unfortunately most people become a copy cat and react and repeat the criminal acts against the Plaintiff. All the malice and criminal acts do not break the Plaintiff they only make her stronger. The Plaintiff finds some comfort in God and Page 6 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
that he did not create all human beings equal. This is my short answer to Defense counsel, James A. Edgar’s brief, “….tamper… “and whatever. 19(i) VEC Security Guard/IMPD Lt James Waters cover up for the unit #6 to his own delight and to further appease the VECHOA Boards, Property Managers, and Building 4250 residents/owners. James Waters would like to keep the security job in VEC permanently. Lt James Waters is using his cronies and other police under him to continue to arrest me until the
Plaintiff moves out of her unit. All others (VECHOA Boards,
Defendants
2 in ¶4) are conspirators to support the James Waters mission. In
docket #1-Complaint, ¶31, his VEC security report dated June 26, 2008 is a blatant example of James Waters showing off his power by mocking the Plaintiff in his security report. Since the Dog and the Toilet Overflow incidents in 2006 the Plaintiff does not talk to him. The Plaintiff gave up asking him for help after the “dog excrement” incident was ignored. The Plaintiff has never complained to him about managements and neighbors. The Plaintiff cannot excise her rights as an owner of the unit because of his police connections. On the day of her last arrest on Nov 6, 2008, there was a scheduled VECHOA meeting which she had intended to attend. James Waters conspired with the residents of Block 4250 including #5 Charles Ritter to get her arrested so that she cannot attend the meeting. That is one of the reasons the Plaintiff suspects that #5 Susan Sclipsea and Charles Ritter do not have to pay the association fee and they become foot soldier of the VEC HOA Boards and property manager. There are many people who have not been paying the association fees over the years. Page 7 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
Elections to the VECHOA Boards are rigged. Once they into the Board they excuse their “friends” from paying the Association fees. As for the Plaintiff she gets arrested. 19(j)
James Waters got promoted from SGT to Lt. and became IMPD Master detective and the “chair” for the Police Promotion Board at my expense. As soon as this suit is over and dismissed, IMPD Lt. James Waters will again send his cronies to harass the Plaintiff and make her life hell with more arrests. He has been doing the same to the Plaintiff since he was Sgt., and now as a Lt. and the Chair of the promotion Board he is unstoppable and will continue to be the VECHOA Board’s hero to make the Plaintiff life as miserable as hell. As a policeman in the anti vice department James Waters is literally raping the hooker(s) in exchange of non arrests and helping to run the prostitution ring all for that matter, he might the ring leader with his rank. How in the world did he get promoted when there are so many more good and honest policemen in IMPD? IMPD Lt. James Waters is a “junky”. I found out that among his peers, he is known as the “DOG”.
19(k) All civil matters. No criminal offence has been committed. IMPD James Waters often employs “entrapment” tactic to catch the prostitutes. He then, let other cops to arrest him/her for the prostitution. He used the similar tactics against the Plaintiff. He told other cops by false accusation about me and the situation; then, let other-lower rank cops to arrest me. He always stay in the background, but out in the open, he contradicts own words/acts pretend let others take the fault. My entire life, cops, Page 8 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
prosecutors and the judges are the highest pyramid scheme of the liar. Wow! all over the world people look up to the United States for corrupt free government, police, and judicial system. All the arrest he involved directly were in my own property under false accusations/witnesses and no probable cause. As the IMPD Sgt.-Lt./VEC security officer, he can make own arrest but never because he knows I did not break any laws and he is familiar with the VEC bye-laws and yet he sent the Police to arrest me even though no crimes occurred. Our first encounter of IMPD James Waters was, he came “BANG” on my door with his right hand on the “GUN” at 3
a.m. because my car parameter sensor chirp for a couple of
times. (Parameter sensor was turned on after 12 p.m. and only chirp for a second when someone near as a warning. It’s not an alarm.). It has low decimal and one cannot possibly hear with inside of unit in a normal setting. Even so, I could have turned off no problem if anyone complaint. No need for him to behave like that. He wants to make sure that #4Linda Handlon sees him an action that how he is side of “whites”. That first encounter, IMPD Sgt. James Waters threatened me for arrest when I complaint about his conduct the way he handling the situation. Treated me like some hard core criminal for that. After about 10 hours later knock on my unit door and gave us a non moving violation citation. We had to go to the Court. That’s how this thing started. The case was dismissed by the Environmental Court. Since then he has been using other people and police to arrest me. It is my humble opinion that Lt. James Waters is at best a “junkie and pimp”. During the last on November 6, 2008 the Page 9 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
arresting Police inflicted unnecessary and excessive force on the Plaintiff who suffered intense internal pain and bleeding for 2 months. 19(l)
IMPD James Waters found out how and where the Plaintiff gets her information in her first federal lawsuit and the criminal courts. He
then
used his rank and connections to obstruct her discoveries for her
cases. 19(m) Even if the Court does not care or act on her “unintelligent rumblings” someone must investigate Lt. James Waters for his involvements in all the unlawful activities. People take care of their own kind. Judge for judges, police for police, neighbors for neighbor, etc., and I’m a chopped liver. So, I don’t expect much; especially, after he got promoted at my expense. But, not only pay-monetarily to me but at the least, he should be transferred out of the IMPD or stop working VEC Security Guard. Because, I was told VEC HOA Boards not going to fire him and let this Court decide. He should be fired or demoted from his job in IMPD. Instead he got promoted from Sgt. to Lt. and became the chair of the Police Promotion Board. He has much power and authority to promote the police who harass, intimidate and arrest me. He building his network/power at my expenses. The Plaintiff has seen him transporting several hookers” in his squad car to and from his home. He can do whatever he likes so long as it does not involve her. He should move to a bigger community where he can make much more money and stop intimidating. This court failed to protect me. Now, it seems conspiring
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with IMPD, Defense counsels and all Defendants in ¶4 to bury me for good. 20.
Because IMPD James Waters told other cops I might be on drug and “crazy”,
IMPD cops uses that as a crutch to arrest me without probable cause. Not only that, entire State of Indiana Criminal Justice System- Judges, Prosecutors, etc. labeled me as such and try their best to send me to mental institution ordering repeated mental evaluations. State appointed psycho doctors are paid by them and they know the rules of the game what kind of answer/diagnose to come up with. Immediate detention to Mental transportation and other agencies were used to phishing to get solid proof against the Plaintiff. The Plaintiff reiterate and reallege that the named and unnamed Defendants are involved in “Conspiracy in Character of the Agreement” with “Criminal Intent” & under Color of Law against Plaintiff, Kay Kim, Pro. Se. 21.
Over the years and up to this day, the Defendants called, slandered and labeled the
Plaintiff as “mental, “crazy” “liars” and “habitual criminal”. The Defendants can call the Plaintiff whatever they like but repeated criminal incidents and slanders make them liable for their malicious actions. Many unnamed supervisory Defendants intentionally neglect to stop the calculated actions against the Plaintiff. The promotion of IMPD James Waters from Sgt. to Lt. is the most outrageous of them all. It reflects the IMPD’s “Law Enforcement Standard”. 22.
The Defendants should know more about the Plaintiff than those mentioned in
this suit and have more evidences against her. The incidents are not mere hear say and innocent disagreements but criminal malice. Otherwise the lack of evidence and their denial of the Plaintiff’s accusations shows that the Defendants are lying by their own admissions. 22(a) I, Plaintiff, Kay Kim, Pro Se nominates Event History Detail for all the arrests in my VEC real and common property as a Designation of Evidence. Page 11 of 12 IMPD Lt James Waters part of 2009fed1Summary judgment 17JUL2009
22(b) I request that the Court Order to the Marion County Sheriff Communication Department to produce for on the day of all arrests. It
will confirm what the role of IMPD Lt. James Waters’ role
in the arrested
of the Plaintiff over and over again as I alleged.
I, Plaintiff, Kay Kim, Pro Se DEMAND the Court to issue an permanent injunction with own motion against IMPD Lt. James Waters from me, my family and my property from
1, 000. yards in addition to CMP –docketed 120 monetarily and hold the VEC HOA Boards and the IMPD to holds commensurate restitution/responsibilities against them as it was detailed in CMP-docketed 120. They conspire intentionally neglected to protect me for reoccurring false arrests and hardship. Character issue: Linda Handlon brings 3-5differrent male a week (vary by the wk to mo). With her & James Waters’ life style, it is high probability of something something. Sharon Overley and JamesWaters’s similar value, it is high probability of somethingumumum. Also, Mr. Jaames A. Edgar knew Linda Handlon before he become her counsel, it is hight probablity of som’umm som’umm…Did you? If ansewer is yew, she doen’t even have to pay you $.
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