Plaintiff's MOTION FOR SUMMARY JUDGMENT 26JUN2009

THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
Kay Kim,
Plaintiff, )
)
v. )
)
VEC HOA (Village at Eagle Creek ) Cause No. 1:08-cv-1644-SEB-DML
Home Owner’s Association) )
Judge Theodore M Sosin, the Court Staff & )
Commissioner Richard Gilroy )
Northwest District Prosecutor(s) )
Officers Melvin Clayton & his Partner )
Officer Ryan J. Romeril )
State of Indiana Attorney General, et al. )
Defendants. )
DENY DEFENDANTS’ MOTION TO DISMISS AND

GRANT SUMMARY AND DEFAULT JUDGMENT
AS A FINAL ORDER FOR THE PLAINTIFF
I, Plaintiff, Kay Kim, Pro Se filed my Motion For Summary Judgment and Deny of
Defendants’ Motion to dismiss on this 26th day of June, 2009 against named and unnamed
defendants as follows and not limited to:
I. PLAITIFF’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS.
1. Defendants: all named & unnamed. (See./Ref. caption and CMP-docket #120)
State of IN Attorney General/AG counsel, Kathy Bradley, NW dist prosecutor(s), Criminal Court
Judge(s), Judge Theodore M. Sosin & his staff and Commissioner Richard Gilroy, IMPD NW
Dist Supervisor, IMPD Lt/VEC Security Guard James Waters, IMPD W0036 Gregory Wilkes,
IMPD F227 Shawn Smith, IMPD F254 Robert Lowe, Officer Melvin Clayton & his partner,
VEC HOA, 4250 unit#3 Patricia Landenthin, unit#4 Linda Handlon & Rhonda Heath, unit#5
Susan Sclipsea & Charles Ritter, unit#8Mae Vera & Scott Perry.
Unnamed Defendants are as follows and not limited to:
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FED1 Mot Summary Judgment For Named & Unnamed Defendants 26jun2009orii-Final
1(a) Dr. George Parker, Dr. Olive, etc.
1(b) VECHOA Board of Directors: Kim Timmis, Bryan Whitfield, etc.
2. Defendants, unit #3, #4, #5, #8 and Rhonda Heath answers by counsel, James A.
Edgar filed on May 28, 2009 are no different from the 1st answer already denied by the Court.
The only difference from the 1st motion to dismiss is multi lines are added and two extra words,
“admit nor….”. ----- I, Plaintiff, Kay Kim deny whatever the Defendants are denying. (Though
#5 Charles Ritter & Susan Sclipsea claimed to be Pro Se, I have included them in the
“Defendants 2” not only for convenience but because of their role(s) in the conspiracy. Besides
that it appeals that their filings were done by the same counsel, James A. Edgar.
Named “Defendants 2” reside in the VEC building 4250 :
2(a) #3: Patricia Ladenthin
2(b) #4: Linda Handlon and Rhonda Heath
2(c) #5: Charles Ritter and Susan Sclipsea
2(d) #8: Mae Vera & Scott Perry
3. Defendants, IMPD Officers represented by City counsel, Nicole R. Kelsey filed
motion to dismiss this lawsuit literally one sentence, “Plaintiff fails to allege sufficient facts to
establish any of the claims against these defendants…” ----- I, Plaintiff, Kay Kim deny whatever
Defendants are denying.
Named “Defendants 3” are as follows and not limited to:
3(a) IMPD Lt/VEC Security Guard James Waters,
3(b) IMPD W0036 Gregory Wilkes,
3(c) IMPD F227 Shawn Smith, IMPD F254 Robert Lowe
3(d) Officer Melvin Clayton & his partner,
4. “Defendants” refer to everyone mentioned in ¶1, ¶2 and ¶3; unless
specified otherwise. (ref CMP-docketed 120)

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“Defendants 2” refer to everyone mentioned only in ¶2 unless specified
otherwise.
“Defendants 3” refer to everyone mentioned only in ¶3 unless specified
otherwise.
5. Defendants in¶4, are the Conspirators in Character of the Agreement with
“Criminal Intent”. Plaintiff, Kay Kim’s Civil and Housing Rightswere violated. Defendants
acted under Color of Law. I was charged and arrested four times for “criminal” misdemeanors
while on hercommon and real property. She was also charged for trespassing in the Marion City
County Building. In all five cases, there were no probable causes and no warrants. The arrests
and time spent in jail have given me severe mental stress and physical hardship. The bonds, court
filings/Pro Se and court appearances have been a great financial burden for my family.
5(a) Conspiracy in Character of the Agreement: “No written, formal, or
definite agreement is necessary to make a conspiracy. It is enough
if there is a meeting of the minds-a mutual, implied understanding of all
parties working together with a single design. The crime of conspiracy
may be committed whether or not the parties understand its entire
scope, whether or not the parties are known to each other- as long
as their actions lead to the same unlawful deed. The law does not
set a particular length of time that the combination has to be formed before
the unlawful deed. A time need not be set for the completion of the
design. The agreement may result from hours of planning or may arise
on the spur of the moment. (Title 18, U.S.C., Section 241: Conspiracy
Against Rights, etc)
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5(b) Color of Law: Willfully to deprive and conspire to deprive the
Plaintiff’s of rights protected by the United States Constitution,
False arrest and fabrication of evidence, Excessive force, deprivation of
right of enjoyment of property, Failure & Neglect to prevent
repeated violation of the Plaintiff’s rights and due process. (Title 18,
U.S.C., Section 242: Deprivation of Rights Under Color of Law, etc)
5(c) Criminal intent: “Corrupt motive or specific criminal
intent to do either an unlawful act or a lawful act in an unlawful
manner. A dual mental state: the intent of the parties to act together
and the intent to commit the unlawful act. The fact that the motive of a
person was not corrupt when he/she joined a conspiracy does not
agree him/her from guilt if he/she remains a member after learning of its
illegality.
6. Defendants by counsels filed motion to dismiss on grounds of insufficient
information(s) and facts and therefore deny the charges. The same Defendants have signed on the
probable cause affidavits causing the plaintiff to be arrested. Deprived Plaintiff’s equal rights of
enjoyment with dignity in real and personal property. Defendants’ are admitting to the Plaintiff’s
allegations in docketed 1, 17, 18, 19, 120, etc., by denying own actions-“don’t know, insufficient
facts, admit or denying….” caused this lawsuit. Plaintiff reiterates that the Defendants are in a
conspiracy to inflict criminal tort and they are liable civil restitution to the Plaintiff at the least.
Plaintiff deserved to have relief for the mental, physical and financial burden inflicted on her as
request for relief in docketed original Complaint-docketed 1 and
CMP-docketed 120.
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7. 2005, 2006 and 2007 misdemeanor cases are stillpending and not yet disposed.
2008 case is ignored by the Indiana Criminal court. Plaintiff have 2 years from the date of
diposal of the cases to bring to Federal court to demand civil liable monetary damages for actual,
punitive and all other relief and the clock has not stated.
2005, 2006, 2007 and 2008 cases are conspired among IMPD Lt./condo Security
Guard James Waters and his cronies, VEC HOA Boards-Kim Timmis, Bryan Whitfield, etc.,
James A. Edgars’ Defendants over and over again violating the Plaintiff’s Housing and Civil
Rights in Condo Common and Personal Property and city county building.
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. I was
cleared in all occasions.
The Plaintiff was jailed, physically injured, humiliated repeatedly because of the
Defendants lies and accusations without a shred of evidence. The Defendants conspired with the
Police to intimidate the Plaintiff so that she has to move out of my condo. The Defendants also
destroyed and obstructed the discovery of evidences. The Plaintiff maintained that the
Defendants and the Police lied for phishing so that she can be arrested and force to take
substance abuse test-blood and urine in the mental hospital.
On that note:
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7(a) James A. Edgar never filed appearance with the court representing VEC
HOA and Judge Sosin and filed in his brief this Court to dismiss
these cases is unacceptable.
7(b) Judge Sarah Evans Barker screw me on my first federal case;1:05-cv-1616
and left me to defend myself which causes all this. Judge Barker failed to
protect during and posing the case. And yet, again, this Court is
engaging conspiracy to protect everybody but me and to shut down
my conspiracy claim by first order of business was to dismiss #5
Charles Ritter and Susan Sclipsea before the discovery, interrogatories, etc. is
made and before my due date June 26, 2009 to respond.
7(c) Plaintiff never filea summary judgment. James A. Edgar and other
defense counsels filed summary judgment. They are the first
moving party. As a moving party, they did not present any
evidences and material related facts. Defendants answered in one
sentence to the Plaintiff’s Complaint, Case Management, and
Supplement Complaint in one simplest from, “…. deny, don’t’ know, therefore admit or deny. ….
”, therefore, Defendants want the court to dismiss the Plaintiff’s
lawsuit in its entirety.
7(d) James A. Edgar, Nicole Kelsey, Kathy Bradley’s “Answer” & “motion to
dismiss” are insufficient, no facts, no evidentiary materials
submitted by the parties. There are many genuine issues of material facts
remain. Therefore, Plaintiff pray that the Court to Deny Defendants’
motion to dismiss.
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8. The Defendants literally “hang” me at the stake. The State of Indiana and police
are supposed to be the “good guy”. They should play fair and operate strictly under the “rules of
law/engagement.” Somehow the “Rules of law/engagement” do not apply to the Plaintiff’s case.
8(a) Defense counsel, James A. Edgar referred my first federal case,
1:05-cv-1616-SEB-JMS as a (pph) frivolous. He should get his facts
straight. I got screwed by the Courton the case. The honorable
judge, Sarah Evans Barker and Magistrate Judge Jane Magnis-Stinson
dismissed thecase with prejudice. Encouraged by the rulings of the
court, the Defendants continued to repeatedly harass and arrest me
over the next four years. The Plaintiff is left alone to defend herself against
the Defendants malice to this day and counting.
8(b) Indiana Superior criminal court judges refused to hear all my cases.
A second time, Indiana Supreme court appointed special judge
Cause No. 49S00-0811-SJ-599. (Unlisted Exhibit will not be attached
at this time.) The Special Judge refused to dismiss three of my criminal
cases although the Statue of Limitations ran out two to three years
ago. As a result the Plaintiff’s life has become a living “hell”.
9. Isn’t Plaintiff’s Complaint just to initiate the lawsuit with a concise/simple form
which includes the “request for relief”? After Complaint has been established and Answered by
the Defendants, all parties should be allowed to engage freely in the discovery and interrogatory
process before a &/or final ruling. I have not even got the “answer” from the Defendants and
held the pretrial conference. This Court had separate meeting with all Defendants &/or by
counsels without me just before the pretrial conference, why so secretive?
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10. The Defendants answers were literally none. Judge order to stay of all filings.
On the day of pretrial conference, Mag Judge Lynch partially lifted to file answer and motion to
dismissby Defendants. Plaintiff was not allowed to file summary judgment. Mag Judge Lynch
told the Defendants-State AG, “…Oh, you’re ok.”, Counsel, James A. Edgar, “…file Motion to
Dismiss …” – Mag. Judge repeated numerous time throughoutpretrial. I got the picture what’s
going on. Plaintiff asked permission to file summary judgment against #5 Charles Ritter and
Susan Sclipsea since they told the court that they are not filing new motion to dismiss. I was told
by the Mag Judge Lynch, “No.”. Judge Sarah Evans Barker dismissed #5 Charles Ritter, Susan
Sclipsea and State Attorney General while I’m preparing this filing. My filing is unintelligent
and rambling but not stupid enough to not to know what the Mag Judge was saying at the pretrial
conference to the Defendants.
11. Plaintiff hereby nominates filed Charles Chuang’s Affidavits-docketed 17, #18 & #19
as Designation of Evidence Pursuant to Fed.R.Civ.P. 56(e).
12. James A. Edgar’s brief supported his own motion by calling my filing “shotgun”,
“rambling”, and claiming without evidence that the Plaintiff is {paraphrase (pph)} a 4 times
Indiana criminal, 1 looser federal lawsuit (1:05-cv-1616), current federal lawsuit and more
lawsuit in the small claims court thereby by in his words, “…Kay Kim needs to be tamper…
etc.” Just because her 1st federal case was dismissed by SEB and JMS the defendants cannot be
assumed to be innocent or the Plaintiff to be wrong. It is a judgment call and the Plaintiff
maintained that she was screwed by SEB and JMS on case 1:05-cv-1616 period.”
12(a) It is very unprofessional for any bar member to brand me a four time
Indiana criminals when all my cases are still in the Indiana Criminal
Court. Defense counsel, James A. Edgar again convicted me in his brief
that I have a case in the Marion County Pike Township Small Claims
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Court without stating any details, facts and evidence(s) to support his
judgment and blunt conviction of any ongoing cases of a court.
12(b) Defense counsel, James A. Edgar did not present any evidence to prove
that the defendants have nothing to do with my allegations. Instead Mr.
Edgar opts to sway the Court with unsupported lies and conveniently
asked the Court to dismiss the case without presenting any new evidence
or disagreements to the allegations.
12(c) Mr. Edgar’s defendants are directly involved in 3 of my criminal cases,
2 of my federal cases and 1 State civil case. The Plaintiff maintained that
all the charges against the defendants are true and she is innocent until
convicted and asked the Court to stop Mr. Edgar from further ranting and
false accusations against the Plaintiff, Kay Kim. The Plaintiff treats
counsels with respect and expects the same treatment from them.
12(d) Mr. Edgar’s comments about my poor financial status and he wanted in
his writings that any judgment I get from the Marion county Pike
Township Small Claims lawsuit should be used to compensate him.
I, Kay Kim demand that the Court to set the same standard for him,
his Defendants and all other Defendants.
13. In James A. Edgar’s brief; he convicted the Plaintiff all by himself when the
Defendants, Judges, Prosecutors and IMPD-Police could not do for the last 10 years. He asked
this Court to “…tamper Kay Kim” for his lawyer fees from the possible judgment of the Small
Claims Court {(pph) paraphrases}. The Plaintiff demands payment for her work in the case to be
equivalent to lawyer’s fee as defined by the law. Since the Plaintiff has to do the equivalent
work and filings as the Defendants 5 counsels her fees should consummate accordingly.
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13(a) The criminal courts deliberately avoid bring all the cases into trial
against the Plaintiff because the Defendants were lying and there is
insufficient evidence. If there is any credible evidence exist the
Plaintiff the court would have The Plaintiff to jail long time ago.
This further shows that the Defendants are the guilty parties with
conspiracy against the Plaintiff.
14. I don’t disagree with Defense counsel, James A. Edgar and anyone who tells me
that my writing is “unintelligent” and I am “rambling” for that matter. I don’t know how to write
even in my own native language. I never finished reading a book except a few cartoon books. I
am sorry I do not spend the same amount of time counsels had in school to come out with filings
and motions which are just as “unintelligent, rambling and ranting!” The Plaintiff does not
intend to get justice with her intelligence, education, knowledge, social connection, etc., but only
with the truth and nothing but the truth. I pray that the Court will rule based on the facts of the
case and decide whether any laws has been broken or any tort done but not on her writings
ability. Fortunately the US Constitutions did not specify that only intelligent writings can get
justice.
15. The Plaintiff never claims to be educated and she only has 9th grade of formal
education from another planet. English is her second language. The Plaintiff in her Pro Se
capacity has to make extra effort to speak, write and research for the case. Furthermore she is
handicapped and it is physically hard for her to keep up with case. She also has to endure the
physical pain. If she can afford to pay she would have retain her own counsel. The behavior
(physical & verbal) of individual(s) who degrade me because they are seeking self gratification
to conceal their own insecurity and lack of intelligence. To hide from the truth is a typical
character flaw which cover up their own guilt(s) and embarrassment of their denial of own
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illusions. When one cannot reconcile the right and the wrong, the thought process seeksthe truth
and reality is lost.
16. Defense counsel, James A. Edgar used “Authority” to justify his motion to
dismiss and accuse/convict me as a “whatever” without any evidence(s) submits to the court
telling me that he has the intelligence and skill to bring a stonefrom the stone age era to a
“Stainless Steel” tribal counsel meeting. What an achievement! and a “Hybrid”!
16(a) Defense counsel James A. Edgar, Defendants and defense Counsels are
toying with “12b6” and “Authorities” to justify conspiracies
against me try and have the case dismissed on technicality. The Plaintiff will not
even name a stray rat “12b6”.
16(b) In a recent news clip, US Supreme court nominee, Sotomayor used a 18th
century gun law/2nd Amendment to up held the State’s right instead
of a more recent 2008/2009 US Supreme Court’s Ruling to grant
Constitutional rights to an individual.
16(c) The Plaintiff firmly believes that the “Law” and the “Rule” are the vessels
to carry out justice and not to be abused and quoted to disguise the truth.
“Authorities” is not the “Law”, “Rule”, and “Evidence”. It should
only be treated as an adaptation to justify one’s definition and
interpretations of the law in other similar cases.
17. The Defense counsel, James A. Edgar’s remarks such as “shotgun” lawsuit and
“poor woman filing” are uncalled for. Even if the Plaintiff had to file separate lawsuits, they
would be still have to be consolidated for economic reasons and simplified accordingly to
therule.
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17(a) One exampleof her justifiable “shotgun” lawsuit is her lawsuit against
Indiana Circuit Court Judge Sosin, clerks and Commissioner Richard
Gilroy is within the Statue of Limitation. As the case has not yet been
disposed the Plaintiff will try her best to address each case separately
(see , III-¶42 to , ¶46). All cases are intertwined and borne by the
conspiracy of the Defendants.
17(b) Even if I, file all separately for each lawsuit, it would be hard not
mention intertwinednature of causes and effects.
18. For James A. Edgar’s information, on my first federal court case 1:05-cv-1616-
SEB-JMS was based on State of Indiana vs. Kay Kim. Charges of misdemeanor criminal
trespassing & RA in real property havebeen dismissed in this Court but still ongoing in Indiana
Criminal Court.
18(a) Everyone including 4250#4 Linda Handlon, #4Patricia Ladenthin called
me “crazy”. No discovery-interrogatory was done. This Court had ignored
the fact altogether.
18(b) Defendants VEC Property Manager, Sharon Overley and James Waters
were dismissed. As a result IMPD James Water got promoted from Sgt. to
Lt.
18(c) IMPD Lt./VEC Security Guard James Waters and Property Manager,
Sharon Overley is still tightly intertwined financially and with the
current
VEC Board of Directors, Kim Timmis and Bryan Whitfield, Some of
them do not pay the association fees and continue to embezzle association
funds to this day. When the Plaintiff excises her rights to complaint and
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investigates she gets arrested by the cronies of IMPD/Lt. James Waters
with the conspiracy of Defendants 2, VECHOA Boards and Property
Manager. VEC HOA have over 210 units. Since 1999 to this day, I, Kay
Kim is the only arrested numerous times in the common and personal
property because neighbors, IMPD/VEC Security GUARD James Waters,
VEC property managers and VEC HOA Boards labeled/accused as a
crazy, drug addict. I never did drug, drink and smoke to this day. I never
ever attend any rally/demostration for any cause, period. IMPD James
Waters and his cronies accused me as a “drug” addict. Only way to prove
their accusations, they used immediate detention to send me to menal
hospital and force for me to take the test. They thought, they got me for
good. But, they failed again.
18(d) Even though, I did not excise my rights since 1999, the Defendants still
try to get rid of me and my family. The Defendants would like to make an
example out of me whatever the reason. VEC HOA Boards make sure
that anyone wants to remain in their pay roll must make my life hell to
stay that way. That’s the one of the motive for IMPD Lt. as a VEC
Security Gurand James Waters instigate and conspired with others for me
to get arrest. Fortunately for the VEC HOA Boards and property manager,
they have first line of foot soldier: #4 Linda Handlon –She is racist and
bully, #3 Patricia Ladenthin-She is racist, bully and her motive was not to
pay associaiton fee, #8 Mae Vera and Scott Perry-Bully and to join the #3,
#4 and #5 gang, #5 Charels Ritter and Susan Sclipsea are the base for the
gang and she might not have paid association fees for many years.
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18(e) I, Plaintiff is not claiming against their embezzlements but to illustrate
their corrupt characters for conspiracy in character of agreement
against/use me as a “wag the dog” scheme to divert entire HOA attention
from their own despicable criminal acts.)
18(f) In VEC HOA ByLaw, to prevent embezzlements by the boards and
manager(s), there are rules and procedures in place. VEC HOA Boards
and property manager are above the bylaw and their illegal activities are
protected by the IMPD police and grand jury prosecutors. VEC HOA
ByLaw allow one owner to take class action suit against the HOA Boards
and Property manager for the condo. Each and every election of the
Boards are rigged. Thye excuse/wave all their cronies’ association fees. I
get arrested because I’m not white. I did not attend the association
meeting since 1999 and yet I still get arrested.
18(g) Defense counsel, James A. Edgar is correct when he says that I still have 4
Indiana criminal cases pending. Out of the 4 ongoing criminal cases,
Indiana Criminal Court Special Judge set a jury trial on July 30, 2009 for
the Judge Sosin’s case (Year 2006)/Trespassing in the City County
Building. The plaintiff cannot see the Special Judge logic of not choosing
the earliest or the latest of the 4 cases. She questioned the Special Judge’s
intention for choosing the 2006 case out of chorological sequence and
asked if the Judge was trying to influence herfederal suit. She ordered the
clerk on the spot to prepare for another mental evaluation. Although I
may not have the desirable manner and style, I am not lacking in
substance. She could have given me a fair warning to stop and/or charge
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the Plaintiff with the contempt of court. The Special Judge did not set the
jury trial for the November 6, 2008 arrest which has the more serious
felony and misdemeanor charges. (Battery with bodily fluid, battery, RA
with 3 signed State’s witnesses.) The Plaintiff cannot understand the logic
and intention of the honorable Judge’s decision. She also refused to
dismiss the other 3 criminal cases which have exceeded the statute of
limitation as per Indiana Supreme Court Chief Justice Order. (Ref. Order
from the Indiana Supreme Court no. 49S00-0702-SJ-62 dated 2nd day of
March, 2007.) Unless the State of Indiana passed a special law in a
special legislative session just so that the Plaintiff would have no Statute
of Limitation on all her misdemeanor cases, the State of Indiana should
have disposed all the cases according to the Statue. The Plaintiff would
not have to pay any bond and be released from jail on O/R for the
November 6, 2008 arrest if the Court has duly dismissed her cases. Instead
the Plaintiff had to spend three more days in jail and pay a $15,000
Bond.
18(h) Furthermore all my cases came back alive after staying “dormant” for
three years. The Judge, Special Judge and prosecutor blame the Plaintiff
for the delay of trials. When the cases were set for hearing I subpoenaed
all her witnesses but the court postponed the trail twice. The Indiana
Court then asked the Supreme Court to appoint a Special Judge and the
Plaintiff did not hear from the court since. The Court claimed that all the
time delayed is counting towards her clock but not against the State of
Indiana over a matter which she has no control whatsoever. The Plaintiff
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did not flee the country, and hasnever filed a motion for extension or
enlargement of time. I have never missed any scheduled court hearing. So
how can I be charged for the four years delay.
18(i) Plaintiff, Kay Kim, Pro Se request for relief as it is in the form of
monetary compensation for actual and punitive damages as it is
detailed in CMP-docket #120, Complaint-docket #1, and other
proper relief as the Court sees fit pursuant to FRCP R 68 the amount or
extent of the liability remains to be determined in further proceedings.
18(j) The Civil Rights Attorney’s Fees Awards Act of 1976 provides that one
who prevails in a section 1983 action is entitled to recover
attorney’s fees. There is little doubt that the addition of this attorney’s fee
provision fueled the growth in the number of section 1983 cases that have
been filed because it has been held that prevailing plaintiff’s are
entitled to recover attorney’s fees unless special circumstances would
render such an award unjust, while a prevailing defendant may be
awarded attorney’s fees only “upon a finding that the plaintiff’s action
was frivolous, unreasonable, or without foundation, even thought not
brought in subjective bad faith. “The different standards derive from
42 U.S.C. §1988’s generally pro- plaintiff and pro-civil rights
orientation and protects the defendant only from groundless litigation.
Plaintiff, Kay Kim demands own attorney fee if the court finds the
merits of Plaintiff’s this lawsuit pursuant to Title VI of the CRA 1964, sec
1983, 1988 or sec 13981 equivalent to attorney’s Hensley v. Eckerhar,
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461 U.S. 424, 436 (1983), Marek v. Chesny, 473 U.S. 1 (1985),
Christiansburg Garment Co. v. E.E.O.C., 434 U.S. 412, 421 (1978).
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 oranyone else which meets the standard of Indiana Law
under immediate detention. Immediate detention to Mental transportation was used to
phishingthat 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 herbuilding-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
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Court to note the Date of the Order and the Plaintiff did not know that
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
onoutcome 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
becauseone 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 herarrested. 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 manager-
Sara 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 excreteon 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 acourt 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
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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 situationback 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.
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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 casewhich 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
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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 herunit. 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.
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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 getsarrested.
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 ashell. 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,
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prosecutors and the judges are the highest pyramidscheme 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 analarm.). 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
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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
hercases.
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 choppedliver.
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
transferredout 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 usesthat 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 institutionordering 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 phishingto 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 neglectto 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 accusationsshows 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 27 of 56
22(b) I request that the Court Order to the Marion County Sheriff
Communication Department to producefor 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
something-umumum. 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 $.
II. PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DESIGNATION

OF EVIDENCE AGAINST THE DEFENDANTS: IMPD GREGORY WILKES,
RHONDA HEATH, PATRICIA LADENTHIN, LINDA HANDLON, CHARLES
RITTER, SUSAN SCLIPSEA, IMPD JAMES WATERS, ETC., TO BE
AMENDED AS REQUESTED IN THE RELIEF DOCKETED 1-COMPLAINT.
23. Plaintiff, Kay Kim Pro Se responded and filed docketed57 as to Defendant’s
motion to dismiss. Further, I, Kay Kim, Pro Se reiterate that the named and unnamed
Defendants each pays actual damages and punitive damages as detailed in Plaintiff Kay Kim’s
CMP-docket 120.
24. ¶56-docketed 1: November 6, 2008 arrest: Plaintiff, Kay Kim, Pro Se nominates
as a designation of evidence which was filed under docket #18-Affidavit of Charles Chuang in
Page 28 of 56
support of Plaintiff’s Complaint and Motion Incident on November 6, 2008 as to ¶56-docketed 1:
Complaint and docketed 120: CMP in response to Defendant’s motion to dismiss.
25. ¶56-docketed 1: November 6, 2008 arrest: I, Kay Kim, Pro Se was arrested
(Indiana Criminal Cause No 49F08-0811-CM-254608) under D Felony-Battery with bodily
waste, A misdemeanor-Battery andA misdemeanor-RA (Resisting Arrest) by IMPD W0036
Gregory Wilkes. IMPD Gregory Wilkes arrived at the VEC Building 4250 approximately a half
hour to one hour after the actual “argument”. Altercation took place inside the hallway of
building 4250 on the day I got arrested.
26. ¶56-docketed 1: November 6, 2008 arrest: When IMPD W0036 G. Wilkes
arrived at Building 4250, only the Plaintiff and #5 Charles Ritter was at the parking lot. No one
involved in the earlier altercation waspresent. State’s witnesses: #3 Patricia Ladenthin, #4 Linda
Handlon and Rhonda Heath were inside unit #4 Linda Handlon’s condo. Due to numerous and
repeated vandalism to my property I was taking down a stranger’s car license plate number at the
parking lot.
27. ¶56-docketed 1: November 6, 2008 arrest: IMPD Wilkes followed me into my
unit. He grabbed my unit door and forced it open. I told him to get out of my property unless he
has a warrant but he refused to leave claiming that he has a right to be in my unit because it is an
apartment. In a split seconds unit #4 door (which is on the same floor and directly opposite from
my unit #2) opened. All three State’s witnesses (Patricia Ladenthin, Linda Handlon & Rhonda
Heath) pointed at me and shouted out loud in unison: “She (Kay Kim) Hit me (Rhonda Heath)! I
Saw she (Kay Kim) Hit her (Rhonda Heath)! She (Kay Kim) Hit her (Kay Kim)! Bruise
everywhere!” At that instant IMPD Wilkes lifted my body in the air and slammed my body on
the floor. He then pushed his knee deep into my back and handcuffed me. I was in horrifying
Page 29 of 56
pain. All this time the Defendants were watching delightfully and enjoying my pain and
suffering.
28. ¶56-docketed 1: November 6, 2008 arrest: There is insufficient probable cause.
IMPD Wilkes came into my unit with the intention to arrest me. He asked: “Did you call the
police?” How come he did not even know who call the police? The SOP (Standard
OperatingProcedure) specifies that he should know at least know who called the police. He
didn’t know because he was not dispatched under normal procedure but IMPD James Waters.
29. ¶56-docketed 1: November 6, 2008 arrest: IMPD W0036 never collected any
evidence(s). In his Affidavits and State’s Witnesses accused/charged me that I battered Rhonda
Heath with bodily fluid. Where is the evidence? The reason there was no evidence was because
there was no bodily waste fluid on the victim that can be collected. DNA on the bodily fluid will
proof beyond doubt on the complaint. There was no photo on the victim’s injury because there
was none. Everyone present has cellular phones but no one bother to capture the most important
evidence. All the Defendants are in a conspiracy to get me arrested by the Police.
30. ¶56-docketed 1: November 6, 2008 arrest: the Plaintiff was handcuffed and
hadto sit on the bare hot ground at the parking lot for more than an hour until the Sheriff wagon
to transport me away. While I was on the parking lot I did not see the victim Rhonda Heath
leaving the condo of #4 Linda Handlin’sunit and the E.T or anyone else coming to take photo
and collect any physical evidence. Affidavit of Charles Chuang docket #18 on November 6, 2008
will confirm the above facts.
31. ¶56-docketed 1: November 6, 2008 arrest: IMPD W0036 Gregory Wilkes’s did
not ask nor got the Plaintiff version of the incident. He got his detailed story after he arrested
after the Plaintiff was transported to jail. There was no mention of Miranda’s rights. There was
evidence of bodily waste fluid on the victim. There was no evidence on the alleged injury. I did
Page 30 of 56
not even know that I was getting arrest because I did not do anything wrong. How could I resist
the arrest when I was not even told that I will be arrested? All charges are setup in a conspiracy
by the unnamed and named Defendants: IMPD Lt. James Waters, #5 Charles Ritter, Rhonda
Heath, #4 Linda Hadlon, #3 Patricia Ladenthin, IMPD W0036 Gregory Wilkes, #8 Mae Vera &
Scott. Each individual defendant involvement in the conspiracy varies. Without the discovery of
various phone records and video tapes, I only can allege all the named & unnamed Defendants
share the same responsibility in the conspiracy. (Exhibit 4-1 thru 3 and 5 will not be attached
with this filing at this time.)
EXHIBIT 4-1, 4-2 & 4-3: IMPD W0036 GREGORY WILKES’S

PROBABLE CAUSE AFFIDAVIT.
EXHIBIT 5: SIGNED AFFIDAVIT OF STATE’S

WITNESSES-#3 PATRICIA LADENTHIN,
#4 LINDA HANDLON.
32. ¶56-docketed 1, and line ¶7, What the State’s witnesses claimed happened on the
day of incident on November 6, 2008 in their sworn affidavits got the Plaintiff arrested. The
entire incident was videotaped and kept #8 Mae Vera. The Plaintiff has issued a Subpoena Duces
Tecum on April 17, 2009 (MCS Return#0053110000371902898) and compelled her to produce a
copy of the video tape of the incident to the Indiana Criminal Court but to no avail.
Unlisted Exhibits: All items in this paragraph are Unlisted Exhibits and will
not be attached with this filing at this time.
33. ¶56-docketed 1, and line¶7, The actual 911 &/or non-emergency communication
Event History Detail (It reads like Transcripts with CAD detail second by second.) is the second
important evidence for the conspiracy against the Plaintiff. On November 13, 2008, Plaintiff
asked the MCS Communication Division for a copy of the tapes relating to the arrest on
November 6, 2006, the MCS Communication Division initially claimed that the Plaintiff cannot
Page 31 of 56
have a copy of the tapes because the case is under ongoing Police investigations. When the
Plaintiff gets the facts straight with the MCS Communication Division, the MCS
Communication Division claimed that the tapes cannot be accessed from their system due to
their computer server problems. The MCS Communication Division further states that no tapes
on the case can be released unless I get a Court Order. The Plaintiff has issued a Subpoena Duces
Tecum to the Marion County Sheriff to produce the Event History Detail (Detail transcript of the
911, non-emergency &/or all types of communication) on April 7, 2009 (MCS Return
#70053110000371902867) and compelled a copy of the 911 and all police communication
transcript(s) of the incident on November 6, 2008 arrest to Indiana Criminal Court but to no
avail.
EXHIBIT 8: INITIAL DISCOVERY THRU MCS

COMMUNICATION DEPT. (Exhibit 8 will not be
attached with this filing at this time.)
The MCS Communication Division failure to cooperate to produce the requested
evidence is sufficient proof that the State of Indiana is directly or indirectly involved with the
Defendants in their conspiracy against the Plaintiff.
34. ¶56-docketed 1, According to MCSD/IMPD CAD there were 2 phone calls on the
day of arrest which was Nov 6, 2008 as follows:
EXHIBIT 9-2: SELECTION QUERY. (Exhibit 9-2 will not be attached

08-311-1521 11/06/2008 1:19:36 PM ..DIST... 4250 Village 1stUnit F132 #Units 8, Result RPT
08-311-1674 11/06/2008 2:10:11 PM..TRANS (1521 T804) 4250 Village 1st Unit WG17 #Units 1, Result NRPT
From EXHIBIT 9-2 above there is no record showing that IMPD W0036 Gregory
Wilkes was dispatched by the normal 911 &/or non-emergency dispatch. Furthermore all (NW)
Northwest district Police Batch Number is prefixed with “F” and there is no Batch number
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starting with “W” in theNW district. From my research only Sheriff Wagon used to transport
people to the prison start with a “W”. In that case the Plaintiff maintains that the Sheriff Wagon
was dispatched before the arrest and Gregory Wilkes came to the property with the sole intention
to arrest the Plaintiff without a warrant or sufficient Probable Cause. Further the Plaintiff
reinstate that the Police and the Defendants are involved in a criminal conspiracy against her.
35. ¶56-docketed 1, IMPD Lt. James Waters and his subordinate and cronies in
IMPD, MCS and other department(s) are violating the Freedom of Information Act and
obstructing justice by cover up and destruction of evidences to protect Police Abuse and Crimes.
EXHIBIT 10: EMIAL EXCHANGE AMONG IMPD, MCSD &

MYSELF. (Exhibit 10 will not be attached with this filing
at this time.)
35(a) Where did IMPD W0036 Gregory Wilkes comefrom? Who and why
IMPD W0036 Gregory Wilkes was dispatched to my condo? If a
crimes that warrant an arrest why did he arrive half hour to one hour after
the alleged incident? Why he did not arrest Rhonda Heath when she
admitted in her affidavit for criminal trespassing in a private
locked property?
35(b) According to the report, #3 Patricia Ladenthin, #4 Linda Handlon &
Rhonda Heath did not call 911. As in the EXHIBIT 9-1 AND 9-2,
since 2005 more than 40 recorded police runs were called against me by
#3 Patricia Ladenthin and #4 Linda Handlon. Since 1999 there were
more than 100 recorded and unrecorded police runs against me. If the
alleged crime had occurred as described why was there no call to
the police? The Plaintiff maintains that #3 Patricia Ladenthin, #4 Linda
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Handlon, Rhonda Heath, Lt James Waters and other unknown
defendants are all involved in a criminal conspiracy against her.
EXHIBIT 9-1: SELECTION QUERY. (Exhibit 9-1 will not

be attached with this time.)
36. ¶56-docketed 1: November 6, 2008 arrest: The Plaintiff nominates as Designation
of Evidences as follows and not limited to: (All Exhibit listed and unlisted will not be attached
36(a) Exhibit 6, 7, 8, 9, 11, 12 will not be attached with this filing at this time.
36(b) Video Tape of the incident on the day of arrest November 6, 2008
in the possession of the Defendant #8 Mae Vera.
36(c) On the day arrest Event Detail History/CAD to 911 dispatches, non-
emergency lines and/or any detailed phone transcript(s) which are
in possession of the Defendants.
36(d) State’s witnesses Signed Affidavit.
37. ¶56-docketed 1: November 6, 2008 arrest: The Defendant, Rhonda Heath
trespassed on my property when she repeatedly pressed my door buzz with the intention to
commit a crime against me with the conspirators in Defendants 2 & 3. Rhonda Heath
intentionally harass/entrap the Plaintiff by conspire with the Defendants2 & 3 in ¶4. It was not
an accident and Exhibit 6 & 7 proves.
37(a) The Plaintiff does not know Rhonda Heath. Since 2005 The Plaintiff has a
written “2: Do Not Trespass” label on her door buzzer to prevent constant
harassments by the other people. Other’s are also, named and
numbered (SEE ATTACHED Exhibits 6 & 7.)
EXHIBIT 6: 4250 DOOR BUZZER SIGN 1 of 2.
EXHIBIT 7: 4250 DOOR BUZZER SIGN 2 of 2.

Page 34 of 56
37(b) Rhonda Heath does not have a contractual interest in the property as
defined by IC 34-43-2. At the least, Rhonda Heath was the one
should be charged with Trespass, Harassment, Intimidation &
Battery.
37(c) The main security door is designed to open by pull the door from the
outside and/or pushing the door from the inside of the building.
By the natural law of physics, it is harder for Rhonda Heath to pull door
open from the outside than the Plaintiff to hold on to the door from
inside the building. Rhonda Heath forcefully opened the door and
pushed the Plaintiff and came into the building 4250. As soon as she
came into the building, #3Patricia L, #4Linda H, #5Charles Ritter, &
#8Mae Vera (armed with a video camera)appeared at the same time.
#2 Charles Chuang was at his front door from time I went out to find
out who was buzzing my unit? The VECHOA had a scheduled
meeting at 6:30 p.m. on Nov 6, 2008. Initially the Plaintiff thought the
“stranger” is one of the owners who wanted to discuss issue(s)
related to condo. I found out that she was guest of #4Linda Handlon
only after she had forced herself into the building.
37(d) The Plaintiff did not file a charge or call the police about the incident in
spite of the harassment and forced entry into my building since
there was no serious injury except for a broken toe nail. When
Rhonda buzzed my unit, I asked through the intercom to find out the
identity and why. But she remained silent despite of my repeated
questions and keep pressing the buzzer. So, I went out to find
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out who she was. If Rhonda Heath were sincere in her intentions she
should have apologized for pushing the wrong button or she should
answered through intercom which
she deliberately did not answer. All the buzzers are number &/or
names. There is no reason for her to press my buzzer. Unless she
can’t read the number, name &/or retarded. Even my certified IQ 89 can
distinguishthat.
37(e) Why did the Police come one hour later? The Plaintiff’s
suspicion was confirmed later that I found out that Rhonda was
working as a hair dresser assistant to #4Linda Handlon and she is involved in a
conspiracy against her.
37(f) The VECHOA Boards, IMPD James Waters, 4250 building#3, #4, #5, and
#8 in a grand scheme of conspiracy wanted have the Plaintiff arrested so
that she cannot excise her rights as a owner/attend the HOA meeting
scheduled on that day. I have not attended any VEC meeting since the
1999 arrest. I wanted to attend the HOA meeting that day to discuss the
use of common areas.
38. Designation of Evidence: Nov 6, ’08 arrest: The main “Security (locked)” door is
communal property of the owners/residentsof building 4250. If the Plaintiff allowed Rhonda or
any stranger access into the building and they caused any physically harm, property damages and
theft to the other resident(s)/owner(s), she would be held fully responsible for the loss to some
degree according to the VEC bylaws and the law. (Exhibit 11 will not be attached at this time.)
EXHIBIT 11: 4250 BULLETIN BOARD

“….. Only allow people into the building whom you
know!”
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39. Designation of Evidence: Nov 6, ’08 arrest: ¶10, After VECHOA lost a lawsuit
filed by the unit owner, the Boards and Property Manager put up the warning sign in every block
(Cause No. 49K05-0511-SC-10947 to VEC owner, VEC HOA Boards & property manager put
up the warning sign. (Exhibit 12 will not attach at this time.)
EXHIBIT 12: “Front Entry Doors Are to Remain Closed At All Times.
Violators Subject to Fines.”
39(a) The Plaintiff did not know Rhonda Heath. She cannot open the door even
if another stranger/person living in the VEC had buzzed her bell. The
Plaintiff knows that about 20% to 30% in her building are doing drugs and
she cannot open the door for anyone unknown to her. The Plaintiff
expects others to give her the same privacy and safety specified in the
VEC Byelaws and law.
39(b) Rhonda Heath criminally trespassed on the Plaintiff’s property (¶37(a)
bell-Exhibit 6 & 7.) and forced herself with her body into the building
against the wishes of the Plaintiff. Legally/technically she should be
charged for criminal trespass, harassment and battery. If the Plaintiff had
done the same thing she would be arrested within the blink of a second.
Even though the Plaintiff is the right she did not to call police. Whenever
the Plaintiff calls the police, she is always the one who gets into trouble.
As mentioned in ¶49 (e), there is no point for the Plaintiff to moveout
because things will only get worse when the Police continue their
intimidations in the new surroundings. The Police harassment has been
going for the last 12 years.
Page 37 of 56
40. Leading up to the arrest on November 6, 2008, #3Patricia Ladenthin and #4Linda
Handlon have been harassing and intimidating the Plaintiff with disgusting images of
Halloweenprops in October, 2008. (Unlisted Exhibit: Linda Handlon’s mechanical Halloween
device was over the top with his looks and noise. I had to callthe police.). On that day, Linda
Handlon’s male guest was shouted at me, “Fxxx Yxx Bxxxx!” and threatened manner with his
power tool. When police were on the scene, IMPD officer try to put me in immediate detention
and accusing me with having weapons as usual and went in Linda Handlon’s unit and giggling.
It just too much to list. I don’t keep track of every incident.
40(a) On 27 October, 2008 #4 Linda Handlon brought some guests from Harvey
& Sons Construction and Property Maintenance (317) 557-0285 to
intimidate me.
40(b) Plaintiff had to suffer constant stress from the harassment and intimidation
of the Defendants’ guests, contractors, etc.
40(c) VEC HOA refuse to resolve these simple matter by condone and
instigating Defendants’ behavior to continued their tasteless behavior in my face. This is to show
their character and pattern and practice of constant harassment and not as a claim for monetary
damage on these incidents.
41. Defendants have 4 crucial evidences on November 6, 2008; they have police
arrested me. These will prove that preponderance &/or beyond reasonable doubt, this suit of
Defendant’s civil liability if not criminal and will clear the entire charges by the State of Indiana
againstthe Plaintiff.
Three crucial evidences are as follows:
41(a) Video tape entire incident on the day of arrest by the 4250 #8 Mar Vera.
Page 38 of 56
41(b) All 911, non-emergency &/or communication logs on the incident on
November 6, 2008.
41(c) Detailed phone records of Defendants 2 & 3’s.
41(d) #5 Charles Ritter and IMPD James Waters’ roles conspiracy on the day
of arrest from not only from their interrogatories, affidavits but
also, more definitely from 41(b) discovery.
III. PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AND DESIGNATION

OF EVIDENCE AS TO DEFENDANTS DOCKET #111: JUDGE SOSIN AND HIS
STAFF AND ARRESTING OFFICERS.
42. Docket #111, ¶1, Party: Indiana Civil Court Judge Theodore M. Sosin,
Commissioner Richard Gilroy, the clerks who signed as State’s witness in the Indiana Criminal
Case against The Plaintiff in this suit for “Trespass” charge in the City County Building.
43. The Plaintiff nominates Letter from the Master Commissioner, Richard D. Gilroy
right after State Civil Cause no. 49C01-0604-PL-13949 was dismissed under 12b6 :see. ref. of
this filing, ¶19(h). (Exhibit 13-1 & 13-2will not be attached at this time.)
EXHIBIT 13-1 thru 13-2: “…..Any further inappropriate behavior that

interferes with the operations of the Circuit
court could result in a hearing for
contempt of court and possible incarceration…
…”
EXHIBIT 13-1: LETTER FROM THE MASTER MISSIONER,

RICHARD D. GILROY DATED JUNE 22,
2006.
EXHIBIT 13-2: LETTER FROM THE MASTER

COMMISSIONER, RICHARD D. GILROY
DATED JUNE 22, 2006.
Page 39 of 56
44. As the Plaintiff details allegations against the Defendants, Judge Sosin and his
staff is docketed 111 filing, the Master Commissioner, Richard D. Gilroy’s letter- ¶41 is the proof
that Judge Sosin and his staff’s are Conspiracy in Character of Agreement against her. In order
to assist the Defendants’ to get winning judgmentin the State Civil Cause no 49C01-0604-PL-
13949 which I’ Kay Kim was the Plaintiff of the suit. I had Defendants and Defense counsel’s
written admission of the faults they have causedin my unit for Toilet Overflow. That was slam
dung case for me. It’s matter of how much I am entitled to. Judge Sosin’ staff kept loses my
files. So, when I personally went to their office to files, they complaint that I take too long and
called the police while I was filing and yelled at by the police to “Hurry Up” which was on
Friday. I had to went back on the following Monday because more files were missing and not in
the chronological case summary. It got worse. Two police were standingright behind while I’m
filing. Judge Sosin ordersthem to make sure that I leave the city county building. I had to get
permission from him that whether I can finished the filings. On the way out, the police man
arrested me in front of civil filing, room?101 by the same police in ¶ 45, Officers Melvin Clayton
& his partner.
44(a) Its entirety was videotaped by the Marion County Sheriff Security
camera and in their possession. (Unlisted Exhibit and will be
compelled thru the Court.)
44(b) Demand default judgment against Judge Theodore M. Sosin, Comm.
Richard Gilroy and their clerks, is made within the statute of
limitation which has not even begin because the case has yet to be
disposed. Wilson v. Garcia, 471 U.S.261 (1985), But accrual of the
statute of limitation is governed by federal law, while totaling of
the statute of limitation is governed by state laws. Mullinax v.
Page 40 of 56
McElhenney, 817 F.2d 711, 716 n.2 (11thCir. 1987). See also, Hardin v.
Straub, 490 U.S. 536 (1989); Owens v. Okure, 488 U.S.235 (1989).
44(c) Constitution Supreme Clause Article VI, Clause 2 of the Constitution
(This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof; shall be the supreme Law of the
Land. When a judge acts intentionally and knowingly to deprive a
person of his constitutional rights he exercises no discretion or
individual judgment; he acts no longer as a judge, but as a "minister"
of his own prejudices. [386 U.S. 547, 568]. A judge is liable for injury
caused by a ministerial act; to have immunity the judge must be
performing a judicial function. See,
e.g., Ex parte Virginia, 100 U.S. 339 ; 2 Harper & James, The Law of
Torts 1642-1643 (1956). The presence of malice and the intention
to deprive a person of his civil rights is wholly incompatible with the
judicial function. When the state in the instant case is one of the
perpetrators and violators, there can be no expectation of just, indeed
any, relief from it.
45. Docketed 111 and above ¶42-44 are chainsof events in the year 2006 resulting in
the arrest of the Plaintiff inside the Marion County City County building. (State of Indiana v Kay
Kim: Criminal Cause no. 49F15-0606-CM-112139)
45(a) Dkt 111-¶2, Defendants are: Arresting Officers Melvin Clayton & his
partner. His partner makes remarks while I was City Courting
officer waiting to be transported and said, “….. America is must be good.
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Better than where you come from... .Go back to own country….” and left
the office.
45(b) This incident happened in year 2006 Criminal Cause No.
49F15-0606-CM-112139 andis scheduled for Jury Trial on July 30, 2009.
46. Statue of limitation has runout. But, Judges and Prosecutor(s) refuse to dispose
the case about 2-3 years ago; instead, they scheduled for jury trial on July 30, 2009. The State of
Indiana thereby violates Due Process accorded in the United States Constitution.
46(a) Judge Sosin, Commissioner Gilroy and their staff failed to answer to this
lawsuit within the specified time allowed. Docket #111- ¶3 and 4
46(b) Defendants failed to file and answer to this lawsuit within
the specified time allowed.
47. Docket #111- ¶3 Defendants/Party: Arresting officer Ryan J. Romeril, IMPD
James Waters, 4250 #3Patricia Ladenthin and 4250 #4Linda Handlon of case# 49F08-0607-CM-
140781.
47(a) This arrest was another conspiracy by Defendants listed above as
contained in the MCS Audio tape, IMPD James Waters call to 911. James
Waters willfully accused the Plaintiff for mental illness and drug
addictions and ordered a sheriff wagon to transport the handicapped
women to jail. The Plaintiff was sent to the mental hospital for
observations and drug testing against her wishes. Both tests were negative
and the reports are still missing in her case file.
47(b) IMPD James Waters ordered Deputy Romeril to arrest the Plaintiff when
she was in the common grass area and I did not have any knife with me.
IMPD James Waters, #3 Patricia Ladenthin and #4 Linda Handlon was
Page 42 of 56
right behind the Plaintiff. IMPD James Waters as a VEC Security Guard,
he is familiar with the VEC Bylaws on common area and previous
“trespass” could not convict me so, when Officer Romeil told me that I’m
arrest for trespass and James Waters shook his head. Then, Officer
Romeril change to disorderly conduct. IMPD James Waters, #4 Linda
Handlon. and #3 Patricia Ladenthin conspired to bare false witness leading
to the arrest of the Plaintiff. I found out from jail, after I was transported
away to jail, Deputy Romeril returned to the Building about 30 minutes
later. Deputy Romeril apologized to Charles Chuang for the arrest and
claimed he was ordered to arrest the Plaintiff. That was exactly what I
witnessed on the day of arrest in 2007. He then went into unit #4 to meet
with IMPD James Waters. The charge in the probable cause affidavit was then
changed from trespassing to disorderly conduct because a similar
trespassing charge on common property against the Plaintiff in 2005 did
not stick and till today the case is still pending in the Criminal Court. #3
Patricia Ladenthin and #4Linda Handlon refused to be State’s Witnesses
for the Deputy Romeril and the State does not have any witness present at
the time of the alleged incident. The Plaintiff reiterate that IMPD James
Waters initiated all her arrests in the VEC common and personal property
and gave improper and illegal orders to his subordinates and cronies to
arrest her time and over again. The Plaintiff nominates Event History
Detail/CAD for all her arrests as Designate evidences and this Court to
Order the MCS Communication Department to produce. This seems
hollow request in light of #5 Charles Ritter and Susan Sclipsea’s
Page 43 of 56
dismissal. How this Court dismiss them without CAD/Event History
Detail about/contents of #5 Charles Ritter’s phone called to the 911
Dispatch and to other(s). This only raises the issue of conspiracy by this
FED Dist court. Added to that suspicion, Mag Judge and all the
Defendants and Defense counsel had the meeting without me behind my
back. Pretrial conference was nothing more than a “show”.
47(c) I, Plaintiff, Kay Kim, Pro Se Demand IMPD James Waters away from me,
my family and property for good. I don’t care how it is done. One
solution is, him to transfer out of the IMPD and make more money in the
big city. With his rank, only sky is the limit.
48. Docket #111- ¶4 Defendants: Northwest District prosecutor(s) (ref. Cause#
49F080505CM-083990, 49F150606CM-112139, and 49F080607CM-14078) failed to file an
answer to this lawsuit within the time allowed. The Statue of limitation for all three cases has
run out. The State of Indiana, prosecutor and the judge(s) are indifferent to the law and thereby
violate her rights to due process accorded in the United States Constitutions. The Plaintiff
nominates previous court filings as designation of evidences.
48(a) State of Indiana, Prosecutor and Judges asserted in Court that all 3 cases
have not been disposed because of the Plaintiff who demands
default judgment from him. Prosecutors are entitled to immunity
for activities that are “intimately associated with the judicial phase of the
criminal process,” but a prosecutor engaged in investigative or
administrative activities is only entitled to a good faith defense. Imbler v.
Pachtman, 424 U.S. 409, 430 (1976). See also, Kalina v. Fletcher, 522
U.S. 118 (1997).
Page 44 of 56
49. Docketed 100 ¶1 Defendants VECHOA Board of Directors and VEC Security
Guard James Waters failed to file an answer to this lawsuit within the allowed time. The Plaintiff
nominates previous court filings as designation of evidences. The Plaintiff has written many
letters and emails asking the VECHOA to intervene but to no avail. I was left to defend myself
alone. I, Plaintiff by numerous emails and letters to apply same rule-bylaw that I have to abide by
it (Unlisted Exhibitof emails and letters will not be attached.). Which lead to October 5, 2008
incident and I names 4250 #8 Scott Perry and IMPD F227 Shawn Smith, F254 Robert Lowe,
IMPD NW District Supervisor as Defendants of this suit. After the incident, VEC HOA Boards
join forces to turn me over to prosecutors. (Unlisted Exhibit of letter drawnby the HOA lawyer
Dated October 22, 2008.) The letter only energize the Defendants 2 & 3 in¶4, lead to November
6, 2008 arrest. VEC HOA Boards and property manager conspiring with IMPD James Waters to
intimidate
Unlisted Exhibit: Over 50 pages of emails and letters will not

be attached
Unlisted Exhibit: of letter drawn by the HOA lawyer Dated

October 22, 2008.
49(a) Since IMPD James Waters became the VEC Security Guard in the year
2002, he has literally advanced his career in IMPD at my expense. He
conspired with the VECHOA Board of Directors, Property Manager, and
Defendants from VEC Building 4250 to put the Plaintiff in jail from time
to time and to serve notice to others in the VEC who intend to check the
on the finances of the VECHOA.
49(b) The Plaintiff is an easy target for them to bully and discriminate against
since the day she moved into the VEC in 1999. (Exhibit 1 will not
attached at this time.) Later, I and my family were reprimanded not to
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use secured common areas. To this day, fear of retaliation, we never used.
But, obviously, it did not make a bit difference. Whateverwe did and do.
EXHIBIT 1: VEC HOA property manager, Jack Cruse’ letter

Dated May 5, 1999.
“… All grass areas on the property are common areas (that
means that any resident may walk, fish or use at any
time…..it is spelled out in the By-Laws- and stop
challenging others as they walk or fish.)
49(c) The Plaintiff cannotafford to move. Besides, it’s not the just place, it is
the people. IMPD Lt James Waters use his police resources to track me
down and ask his cronies to harass, intimidate and make false accusations
to get her arrested. He is making his whole career by exploiting others
who cannot fight back. With his corrupt nature and work ethic, it is not
surprising that he employs similar tactic as a VEC HOASecurity Guard.
He was sure that the Plaintiff could not fight back.
49(d) VECHOA Boards and HOA are elated by James Waters illegal actions.
For them, he is their hero. Now that he became MASTER Detective and
“Chair” of Promotional Board in IMPD, he does investigate the
embezzlement going on in the VEC there are many condo owners who
illegally do not pay the association fees 4250 Defendants are having a
pleasurable time making false accusation against the Plaintiff.
49(e) I was told by the VEC Board Treasurer, Brain Whitfield that the Boards
will not fire James Waters and Laura Ritter (dead at age 48.). He will not
fire them because one person complaint. He wants to what Federal court
do.
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49(f) The VECHOA Board and Property Manager hired a lawyer to draft a
letter addressed to the 4250 building residents/owners but specifically
directed to the Plaintiff.. When the police cannot get a conviction for the
many arrests they decided to take another route by threatening to turn me
over to the prosecutor directly. At about the same time a police came to
my common area and told me about “prosecutor. (Unlisted Exhibit of
letters and emails to the VEC HOA Boards and property manager will not
be attached at this time. It’s over 50 pages.)
50. Docket #100 ¶1 Defendants VECHOA Board of Directors and VEC Security
Guard James Waters intentionally and maliciously neglect to prevent but encouraging the
Defendants to participates in the Conspiracy in Character of Agreement to violate the Plaintiff’s
Housing and Civil Rights.
51. Docket #100- ¶1 Defendants VECHOA Board of Directors and VEC Security
Guard James Waters are partners in the crime of embezzlement and conspired to put the Plaintiff
in jail &/or mental institution for good showing example out of me in the community. The Board
of Directors’ election are rigged. VEC HOA and IMPD/Security Guard James Waters are
engaging in Conspiracy In Chracter Of The Agreement against the Plaintiff.
52. #5 Charles Ritter was on his balcony wearing only tightwhite underwear with
grey bend. This is a very disgusting sight. His left hand was open towards me and I did not see
his right hand where it was. This incident happened after the pretrial conference at the Federal
building for this case and on the day of when I returned home from the court ordered psycho
evaluations. He was waiting for me with his perverted look. I pray the Court will not energize
him any further.
Page 47 of 56
53. I did not seek for motion for summary judgment. It is the Defendants seek for
summary judgment by disguised title “motionto dismiss as an Answer to Plaintiff’s Complaint”.
I never plead for summary judgment until now. Without Defendants’ “Answers” to my
Complaint. Therefore, it is the Defendants are moving-party which The pleading standards
Fed.R.Civ.P.56 the entry of judgment granting Kluver v. Weatherford Hosp. Auth., the pleadings
and evidentiary materials submitted by the parties to determine if there is a genuine issue of
material fact” exist. Defendants are allowed to file more than one summary judgment before 1st
stage of “Answer” is completedthrough disguised title stated above. Twombly at 555. “[N]aked
assertion[s]” devoid of “further factual enhancement” also failsto suffice.
53(a) The pleading-motion to dismiss must contain something more than a bits
and bites of “Authorities” Defendants’ disguised motion for
summary judgment” is just that, done not meet the standard stated
herein. Defendants have no factual and legal bases for
dismissal. 12(b)(6) has been addressed in my-Plaintiff’s previous
filing.
53(b) However, Plaintiff’s motion for summary judgment contain sufficient
factual matters, accepted as true, to “state a clam to relief docketed
1 and 120that is plausible on its face.” Twombly at 570. Plaintiff’s
claim has facial plausibility and pleads factual content that allows the
court to draw the reasonable inference that the defendant is liable for the
misconduct alleged. Twombly at 556. Ibid. The plausibility standard
“asks for more than a sheer possibility that a defendant has acted
unlawfully” and the Plaintiff is entitled to relief as docked 1 and 120.
Page 48 of 56
54. While I’m preparing for response to Defendant’s summaryjudgment, I received
the mail the Court dismiss the #5 Charles Ritters and Susan Sclipsea. IMPD W0036 Gregory
Wilkes followed with me to my unit with hostile tone of voice with threatening matter
(rigid/though body language and looks) right after he talks to #5 Charles Ritters. Whatever he
told himto encourage the Officer acted towards me on the day of arrest. Charles Ritters is
involved in the conspiracy and Susan Sclipsea and knew something was cooking beforethe
incident and after the fact. I never said she was actively involved and she was on the scene. Not
coming forward at any point what they know which they do know, made them accessoryat least
and responsible in this suit. Before the arrested incident, #5Charls Ritter is the only one has the
size of the dog and the time line fits that smearing the dog(they were watching for someone)
poop on my van back door. #5 Charles Ritter and Susan Sclipsea were both home on that
morning. Their unit looking out parking lot. As soon as, I noticed the poop and about a few
minute before police arrived while I was in the parking lot, Susan Sclipsea told him to take to
dog back and he took into his car and left with the dog by himself. With smirk look on her face,
she went into the building.
55. Especially, in light of dismissal of #5 Charles Ritter and Susan Sclipsea. If they
are not involved in the conspiracy in character of agreement, since, I, Plaintiff never got a
satisfaction from their “answer” as in a “motion to dismiss” and not allow discovery of any & all
evidences, I, expected the Court to detail their statement and wait for complete discovery of
evidence(s) which exist for their involvement or not. I can only guess without discovery of
related evidences that NoSigned State’s Witnesses-#3 Patricia Ladenthin, #4 Linda Handlon and
Rhonda Heath called the police. Instead, they (included #5 Charles Ritter. #5 Susan Sclisea
knew after the fact.) called the IMPD Lt./VEC Security Guard James Waters. IMPD Lt./VEC
Security Guard James Waters instruct the Charles Ritters to called the police. Some point, they
Page 49 of 56
found perfect opportunity either spur of the moment or pre planed that the Rhonda Heath to play
a crucial role. Rhonda Heath is prentice for Linda Handlon in the salon and everyone agreed
what their roles going to be including #8 Mae Vera to video tape for solid evidence against me.
Before the incident, (see dkt 17, 18, 19) Defendants had meeting with Lt. James Waters against
me. I know whyand when. It will get too long if I fully explain. Make a long story short,
retaliation to my complaint against Lt. James Waters to CPCO. I know he has big gun and I don’t
even have a knife bring to his fight. By videotaping to get solid against by conspired to entrap
me only back fire at them. The Recoded Video Tape is “my salvation”. that November 6, 2008 is
conspiracy against me by the Defendants. Further, Lt. James Waters was in a hurry to
obstructthe Plaintiff’s discovery using his position. That’s my deduction from the chain of
events. In light of absence of actual evidences which are in Defendants’ possession; only proves
the Defendants’ criminal conspiracy against me. This Court willfully and knowingly shut down
the Plaintiff’s allegation of Conspiracy by the Defendants to protect “everybody-Defendants but
me. It is no brainer to deduct such. #5 Charles Ritter and Susan Sclipsea are protected by even
from this court and not to mention, IMPD Lt. James Waters, Police, Judges, Prosecutors, all
defense counsels of this suit, etc. That’s why no one ever stops. Where can I go look for justice
when this Court doing absolutely abhorrent. This only encourage #5 Charles Ritter behaved in
¶52 and smirk on Susan Sclipsea’s face. This Court left me to defend myself again. She uses
son and grandson and instigates others from the behind and actsinnocent. She knew before and
after. #6 Shannon and Kyle Love also, conspired to make life hell since they moved in. But, I
did not include because they did not call the police to harass, to intimidate and to get me arrest
until now-Toilet overflow incident as James A. Edgar mentioned in his brief. As I stated in my
Complaint, there are a lot of police and civilian workers did me wrong not as a civilian but as a
police and government employees told me to “move out, etc.” It’s worse as State employees.
Page 50 of 56
Truth the matter is, I will not sue anyone just because someone called me with racial insults and
expressed even visually if there is no actual and physical harm done. Otherwise, there is no end
to it. Words is bad too, but anyone go beyond the words of expression is inexcusable. Any
owner/resident & contractors who is lucky enough to get their association fee waived and or get
paid, should leave it that and not becomea foot soldier to cause/do harm to me just because they
give them “hint”. IMPD Lt. & as a VEC Security Guard James Waters, VEC HOA Boards, VEC
property managers, IMPD supervisor(s) and this Court failing to protect me since my 1stfederal
lawsuit, 1:05-cv-1616 is inexcusable. Isn’t this Federal District court supposedly first line of
defense against this sort of things keeps happening to individual? Leading up to last November
6, 2008 and October 5, 2008 incidents were more than words.
I can never match your writing in any shape of form. I have officially certified 89 IQ
with English is my 2ndlanguage. If the lawsuit is competition who can wirte, quote authorities
and know the law better, I can never win. My lawsuit is only depending on facts and evidence of
merits of the lawsuit. All other procedures, I learn as I go and if I can afford to entertain. I,
Plaintiff, Kay Kim, Pro Se Demand Justice. Dismissal of #5 Charles Ritters and Susa Sclipsea
does not meet the standard of Summary Judgment. A genuine issue of material fact exists when
there is “sufficient evidence favoring the non-moving party for a jury to return a verdict for that
party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986).
56. Summary judgment is appropriate only if the answers to the interrogatories,
depositions, admissions, and pleadings combined with the affidavits in support show that no
genuine issue as to any material fact remains and the moving party is entitled to judgment as a
matter of law. SeeFED. R.Civ.P.56(c).
57. The moving party bears the initial responsibility of informing the Court of the
basis for its motion and identifying those portions of the record that establish the absence of
Page 51 of 56
genuine issue of material fact. Celotex Corp. v Catrett, 477 U.S. 317, 323 (1986). Once the
moving party has met its burden, the nonmoving party must go beyond the pleadings and come
forward with specific facts to demonstrate that there is a genuine issue for trial. See
FED.R.Civ.P.56(e); Celotex, 477 U.S. at 324.
58. Defendants by counsels, James A Edgar, Nicole Kelsey and Kathy Bradley have
designated no evidence showing that there is a no genuine issue left or otherwise. While the
burden rests squarely on the party moving for summary judgment to show “that there is an
absence of evidence to support the nonmoving party’s case,” Celotex Corp. v. Catrett, 477 U.S.
317, 325 (1986), the nonmoving party responding to a properly made and supported summary
judgment motion still must set forth facts showing that there is a genuine issue of material fact
that a reasonable jury could return a verdict in its favor. See Wolf v. City of Fitchburg, 870 F.2d
1327, 1329 (7th Cir. 1989); Posey v. Skyline Corp., 702 F.2d 102, 105 (7thCir. 1983). An issue is
genuine only if “the evidence is such that a reasonable jury could return a verdict for the non-
moving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
59. Denial contained in the pleadings or bald allegations that an issue of fact exists
are insufficient to raise a factual issue. See Shacket v. Philko Aviation, Inc., 681 F.2d 506 513 n.8
(7th Cir. 1982), reversed on other grounds, 46 U.S. 406 (1983). Mere conclusary assertions,
whether made in pleadings or affidavits, are not sufficient to defeat a proper motion for summary
judgment. First Commodity Traders, Inc v. Heinold Commodities, Inc. 766 F.2d 1007, 1011
(7thCir. 1985). “Rule 56 demands something more specific than the bald assertion/denial of the
general truth of particular matter; rather it requires affidavits that cite specific concrete facts
establishing the existence of the truth of the matter asserted.” Drake v. Minnesota Mining &
Manufacturing Co., 134 F.3d 878, 887 (7th Cir. 1998).
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60. In this case, Defendants has designated no evidence to support their argument that
motion dismissing summary judgment should not be granted against them. Merely, the court
grants without designation of evidence and just because defendants cited few authorities standard
qualifies this court to grant defendants’ motion would be grave unjust.
61. ¶9The standard of review on the entry of judgment granting summary relief is de
novo. Kluver v. Weatherford Hosp. Auth., 1993 OK 85 ¶14, 859 P.2d 1081, 1084. The appellate
court enjoys plenary, independent and non-deferential authority to reexamine the trial court’s
legal rulling. Id.
62. ¶10 “examine the pleadings and evidential materials submitted by the parties to
determine if there is a genuine issue of material fact” and view the facts and all reasonable
inferences arising there from “in the light most favorable to the non-moving party.” Carmichael
v. Beller, 1996 OK 48. ¶2, 914 P.2d 1051, 1053. Summary judgment is appropriate when the
pleadings, affidavits, depositions, admissions or other evidentiary materials show there is no
substantial controversy as to any material fact and one party is entitled to judgment as a matter of
law. Tucker v. ADG. Inc., 2004 OK 71 ¶11 102 P.3d 660,665. “Even when basic facts are
undisputed, motions for summary judgment should be denied if, under the evidence, reasonable
persons might reach different inferences or conclusions from the undisputed facts.” Bird v.
Coleman, 1997 Ok 44, ¶20,939 P.2d 1123, 1127. Defendants didn’t even presented basic facts
and no designation of evidence to dispute other than arrested affidavit by the IMPD Gregory
Wilkes.
63. James A. Edgar and defense Counsels stated in their disguised motion for
summary judgment as Motion to Dismiss as if I, Plaintiff filed motion for summary judgment
without present factual allegations, evidences and affidavits. Defendants filed motion for
Page 53 of 56
summary judgment without any evidences to support as required by the and only said, “deny,
don’t and cant’ admit.”
64. Defendants to survive a motion to dismiss must contain sufficient factual matter,
accepted as true, “Twombly at 570. The Plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable for the misconduct alleged. Twomblyat
556.
65. I, Plaintiff, Kay Kim, Pro Se concluded by James A. Edgar’s touched on “Color of
Law” which has nothing to do his Defendants 2-¶4 is somewhat puzzling. That law applies to
police and officer, not to civilian. I have certified IQ 89 but not that stupid claiming Color of
Law from the James A. Edgar’s Defendants. Under Color of Law and Title II makes retaliation a
criminal offense. IMPD James Waters & his cronies and James A. Edgar’s Defendants
repeatedly abused mental/crazy disability (according to their own accounts) to retaliate and to
justify own criminal acts against the Plaintiff.
66. Instead quoting various “Authorities”, Mr. James Edgar should present the Court
with all the evidences in the Defendants’ possessions to finish off the lawsuit one way the other.
67. Claim one incident, e.g. wrongful arrest, under one law; e.g.§1983, people (judges
and law professionals) can spilt in to quotes as many as one can and makes over 50 pages long as
for the “Publication” to especially denied the lawsuit. Truth is simple and the verdict is swift.
When people lieand continue to cover up the lies, things always get incredibly complicated from
the Authorities I have read. The same applies to Mr. James A. Edgar’s. Almost every authority
defense counsel quoted has nothing to do the plain and simple truth, right and the law. James A.
Edgar’s accusation (4 criminals and 1small claims court) in his brief may be acceptable in the
eye of the law but not to my common sense. These are legal cases of criminal and civil court
case. Bar approved lawyer doesn’t need facts to open his mouth and anything goes.
Page 54 of 56
68. I, Plaintiff, Kay Kim, Pro Se files responseto Defendant’s motion for summary
judgment and at same time files a motion for the same with facts and evidences. The Plaintiff
will submit Exhibits in due time.
WHEREFORE, Plaintiff, Kay Kim, Pro Se pray for the Court to Grant Default
Judgment against the Defendants from Docket #111-Judge Sosin, Commissioner Richard Gilroy
and their staff, Officer Melvin Clayton & his Partner, VEC HOA, IMPD Lt. James Waters,
Prosecutors & judges, IMPD NW District supervisors,.
Plaintiff, Kay Kim, Pro Se pray for the Court to Grant Summary Judgment
against the Defendants:: IMPD Lt. James Waters, IMPD NW district supervisor, IMPD Gregory
Wilkes, Officer Melvin Clayton, IMPD lt./VEC SECRUITY GUARD James Waters, Rhonda
Heath, Patricia Ladenthin, Linda Handlon, Charles Ritter, Susan Sclipsea, Mae Vera and Scott
Perry,
the reason stated herein and in all previous filings, Plaintiff, Kay Kim, Pro Se
prays that the Court to Deny Defendants motion to dismiss and the Court to Grant Plaintiff, Kay
Kim, Pro Se of Summary and Default Judgment as a Final Order of Judgment and Award the
Monetary Damages, Court costs and All Other proper relief as filed in Complaint-docket #1 and
detailed CMP-docket #120 as a matter of Right and and the Law.
Respectfully submitted,
Dated: June 25, 2009 /s/ kay kim

Kay Kim, Pro se
DISTRIBUTION: will not be made per order:

Chief Judge David F. Hamilton; Judge Larry J. McKinney; Judge Sarah Evans Barker.
CERTIFICATE OF SERVICE
I do hereby certify that a copy of the foregoing to the counsels & defendant(s) were
delivered either by first class U.S. Mail, postage prepaid or delivered on June 26, 2009:
Page 55 of 56
Kathy Bradley
Deputy Attorney General
State of Indiana Attorney General
Office of Attorney General,
Indiana Government Center South, Fifth floor
302 West Washington St.,
Indianapolis, IN 46204
T# (317) 234-2968 / F# (317) 232-7979, kathy.bradley@atg.in.gov
Nicole R. Kelsey
Assistant Corp. Counsel, Office of Corporation Counsel
200 East Washington St., Room 1601
T# (317) 327-4055 / F# (317) 327-3968 / E-mail: nkelsey@indygov.org
Jonathan L. Mayes
Chief Litigation Counsel
Office of Corporation Counsel
200 East Washington St., Room 1601
T# (317) 327-4055 / F# (317) 327-3968E-mail: jmayes@indygov.org
James Edgar
Attorney, J. Edgar Law Office, Prof. Corp.,
1512 N. Delaware Street
Pho# (317) 472-4000 / Fax# (317) 472-0640 / em: jedgar@jedgarlaw.com
Village at Eagle Creek Home Association

7225 Village Parkway Drive,
Phone (317) 291-4916,
E-mail - vechoa@sbcglobal.net
___________________
Kay Kim, Pro Se-Plaintiff
4250 Village Pkwy c e apt. 2
Indianapolis., IN 46254, Ph# 317-641-5977
e-mail: retypeunitedstates@gmail.com
Page 56 of 56

Plaintiff's MOTION FOR SUMMARY JUDGMENT 26JUN2009

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Plaintiff's MOTION FOR SUMMARY JUDGMENT 26JUN2009

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THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA

DENY DEFENDANTS’ MOTION TO DISMISS AND

defendants as follows and not limited to:

I. PLAITIFF’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS.

Unnamed Defendants are as follows and not limited to:

1(b) VECHOA Board of Directors: Kim Timmis, Bryan Whitfield, etc.

Named “Defendants 2” reside in the VEC building 4250 :

2(a) #3: Patricia Ladenthin

2(b) #4: Linda Handlon and Rhonda Heath

2(c) #5: Charles Ritter and Susan Sclipsea

2(d) #8: Mae Vera & Scott Perry

3. Defendants, IMPD Officers represented by City counsel, Nicole R. Kelsey filed

Defendants are denying.

Named “Defendants 3” are as follows and not limited to:

3(a) IMPD Lt/VEC Security Guard James Waters,

3(b) IMPD W0036 Gregory Wilkes,

3(c) IMPD F227 Shawn Smith, IMPD F254 Robert Lowe

3(d) Officer Melvin Clayton & his partner,

4. “Defendants” refer to everyone mentioned in ¶1, ¶2 and ¶3; unless

specified otherwise. (ref CMP-docketed 120)

“Defendants 3” refer to everyone mentioned only in ¶3 unless specified

5. Defendants in¶4, are the Conspirators in Character of the Agreement with

5(a) Conspiracy in Character of the Agreement: “No written, formal, or

definite agreement is necessary to make a conspiracy. It is enough

if there is a meeting of the minds-a mutual, implied understanding of all

parties working together with a single design. The crime of conspiracy

may be committed whether or not the parties understand its entire

Against Rights, etc)

Plaintiff’s of rights protected by the United States Constitution,

False arrest and fabrication of evidence, Excessive force, deprivation of

right of enjoyment of property, Failure & Neglect to prevent

U.S.C., Section 242: Deprivation of Rights Under Color of Law, etc)

5(c) Criminal intent: “Corrupt motive or specific criminal

intent to do either an unlawful act or a lawful act in an unlawful

6. Defendants by counsels filed motion to dismiss on grounds of insufficient

request for relief in docketed original Complaint-docketed 1 and

cleared in all occasions.

substance abuse test-blood and urine in the mental hospital.

these cases is unacceptable.

7(b) Judge Sarah Evans Barker screw me on my first federal case;1:05-cv-1616

engaging conspiracy to protect everybody but me and to shut down

my conspiracy claim by first order of business was to dismiss #5

made and before my due date June 26, 2009 to respond.

defense counsels filed summary judgment. They are the first

moving party. As a moving party, they did not present any

evidences and material related facts. Defendants answered in one

sentence to the Plaintiff’s Complaint, Case Management, and

”, therefore, Defendants want the court to dismiss the Plaintiff’s

lawsuit in its entirety.

dismiss” are insufficient, no facts, no evidentiary materials

remain. Therefore, Plaintiff pray that the Court to Deny Defendants’

8(a) Defense counsel, James A. Edgar referred my first federal case,

1:05-cv-1616-SEB-JMS as a (pph) frivolous. He should get his facts

straight. I got screwed by the Courton the case. The honorable

judge, Sarah Evans Barker and Magistrate Judge Jane Magnis-Stinson

dismissed thecase with prejudice. Encouraged by the rulings of the

court, the Defendants continued to repeatedly harass and arrest me

the Defendants malice to this day and counting.

A second time, Indiana Supreme court appointed special judge

Cause No. 49S00-0811-SJ-599. (Unlisted Exhibit will not be attached

at this time.) The Special Judge refused to dismiss three of my criminal

ago. As a result the Plaintiff’s life has become a living “hell”.