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Watts v. Watts

United States District Court, W.D. Arkansas, Fort Smith Division

March 18, 2019

EDWARD ALLEN WATTS and LINDSAY LOPEZ[1] PLAINTIFFS
v.
SYDNEY ANN WATTS, STUART NEIL WATTS, FORT SMITH POLICE DEPARTMENT, CITY OF FORT SMITH, PROSECUTING ATTORNEY DANIEL SHUE, PROSECUTING ATTORNEY KRISTOPHER KOELEMAY, and BRIAN LEE WATTS DEFENDANTS

          ORDER

          P. K. HOLMES, III U.S. DISTRICT JUDGE

         Plaintiffs, Edward Allen Watts and Lindsay Lopez, proceed pro se in this case. Currently before the Court is Plaintiffs' Motion to Proceed In Forma Pauperis (“IFP”). (ECF No. 2). Pursuant to 28 U.S.C. § 1915(e)(2), the Court has the obligation to screen all Complaints in which a Plaintiff seeks to proceed IFP prior to service.

         I. BACKGROUND

         Plaintiffs filed their Complaint on January 14, 2019. (ECF No. 1). Plaintiff, Edward Allen Watts, has subsequently filed several Supplements, Revised Supplements, Notices, and a Revised Statement of Claim. (ECF Nos. 4, 7, 8, 9, 10, 11, 13, 14, 15, 16). Plaintiffs provide the following summary of their case:

Sydney Ann Watts and Stuart Neil Watts committed three violations of 18 USC 1038 along with multiple other criminal and civil offenses against Lindsay Lopez and me, Edward Allan Watts, within the last 10 years. Pursuant to that, 12th Judicial District Prosecuting Attorney Kristopher Koelemay and Daniel Shue entered into a corrupt bargain with them to deprive me of my First, Fourth, and Fifth Amendment Rights as guaranteed by the Constitution of the United States of America. Additionally, law enforcement and proxies under command of the 12th Judicial District, and outside agencies at Shue's behest, entered into a catastrophic harassment campaign against Lindsay and me. As such, we the plaintiffs are pursuing all defendants under 18 USC 1964 civil remedies.

(ECF No. 11 at 2).

         Plaintiffs list the following statutes as the basis for their Statement of Claim:

18 USC 1964 Civil Remedies
18 USC 1038 (a)(b) False Information
18 USC 1038 (a)(b) False Information
18 USC 1962 Prohibited Activities
18 USC 1038 (a)(b) False Information
42 USC 1983 Deprivation of Rights
42 USC 3631 Discrimination (Multiple Counts)
Ark 16-56-111 Breach of Contract

         Related Statutes:

18 USC 1961 Sec. 1503 Obstruction of Justice (Three violations of 18 USC 1038 within a ten year period)
18 USC 371 Conspiracy to Conceal Federal Crimes

(ECF No. 11 at 2) (citation and description as listed in original).

         Plaintiffs' claims arise from an agreement to rent living space that he and Lopez entered into with Defendants, Sydney Ann Watts and Stuart Neil Watts, in “late September and early October 2009.” (Id.). Plaintiffs allege an agreement was entered into with the Social Security Agency for this living arrangement. (Id.). Plaintiffs allege numerous incidents at the 6001 Bolton Road residence, including issues with financial extortion, lack of repairs to the residence, living conditions at the residence, unauthorized entry into his room, abuse and racism, and the subsequent eviction of Plaintiffs. (Id. at 2-6). Plaintiffs state they were evicted by Fort Smith police officers on January 9, 2014, despite being current on their rent payment. (Id. at 4). Plaintiffs requested a “bilingual sexual assault specialist” at the Fort Smith Police Department on January 14, 2014, due to the “racism aspect” of their situation. Plaintiffs allege they were humiliated at the police department. (Id. at 4). Plaintiffs were permitted to re-enter the residence under police supervision on January 15, 2014 to collect their belongings. (Id. at 5).

         On February 7, 2014, Plaintiffs filed a report with “Fort Smith police and multiple agencies detailing the eviction and other offenses.” (Id. at 5). On February 10, 2014, Defendant Sydney Watts and another member of the Watts family filed a “false report” against Plaintiff with the Fort Smith police “and/or” the 12th District prosecuting attorney's office in retaliation against Plaintiff for exercising his federally-protected whistle-blower's rights. (Id.). Between February 10, 2014 and September 18, 2018, Plaintiffs allege they were harassed by “local law ...


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