2021 (bdg).¶

Pickett v. Texas Tech University Health Sciences Center (TTUHSC) et al, No. 5:20-cv-00232-H-BQ (N.D. Tex.) · Dkt. 32 · 2021-08-27 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

Case 5:20-cv-00232-H-BV

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
AMY PICKETT, Pro Se
Plaintiff,
v.
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER; BARBARA
CHERRY, individually and in her official
capacity as Department Chair of Leadership
Studies; and MICHAEL EVANS,
individually and in his official capacity as
Dean of School of Nursing,
Defendants.

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§ Civil Action No. 5:20-cv-00232-H-BQ
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PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FOR
PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF
______________________________________________________________________________
TO THE HONORABLE JUDGE D. GORDON BRYANT, JR.
Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Plaintiff, AMY PICKETT, Pro Se,
respectfully moves the Court for leave to file the attached Amended Complaint for Permanent Injunction
and Other Equitable Relief (“Amended Complaint”). Rule 15 provides that “a party may amend its
pleading [with] the court’s leave” and that “[t]he court should freely give leave when justice so requires.”
Fed. R. Civ. P. 15(a)(2). Plaintiff moves to file the Amended Complaint with the Court, allowing Plaintiff
to file the Amended Complaint would serve justice and promote judicial efficiency. Further, Plaintiff has
no substantial or undue prejudice, bad faith, undue delay, or futility. Through the Amended Complaint,
Plaintiff clarifies the use of the nouns Defendants verses TTUHSC noted throughout complaint, amend
claims in which relief can be granted, provide additional facts that address Defendants role in dismissing
Plaintiff unlawfully from her academic studies, and address facts that support Defendants are not entitled
to immunities as the intentions were “known and clearly established” in discriminating against the
Plaintiff, which violated her liberty and property within her Constitutional 14th amendment and 1st
amendment rights.
Based on additional facts and supporting evidence, Plaintiff’s constitutional rights, 14th
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Amendment and 1st Amendment rights were in fact violated by the Defendants abuse of power in such a
way that Plaintiff was discriminated and retaliated against as a TTUHSC School of Nursing (SON)
academic graduate and doctorate student. Plaintiff continued to be discriminated and retaliated against
after mutually agreeing and deciding with the Defendants as her employer, that the Plaintiff should resign
in her role as a nursing instructor from TTUHSC SON, which was executed by Defendant in this case, Dr.
Evans. Interestingly, the resignation took place approximately 43 days before receiving an unjust,
retaliatory dismissal letter from the Defendants removing Plaintiff as a graduate and doctorate student
from her TTUHSC SON academic programs. Plaintiff is in correct jurisdiction, The United States
Northern District of Texas Lubbock Division because Plaintiff constitutional rights were violated in this
District Court and has the authority to grant relief for violations. Plaintiff seeks leave to amend the
original Complaint to the proposed Amended Complaint. Plaintiff remains focused on obtaining justice
for the Defendants violations of Plaintiff’s constitutional rights, seeks equitable monetary relief in this
matter from the damages the Defendants caused. A permanent injunction is also being requested, which
will prohibit Defendants from ever discriminating and retaliating against Plaintiff or any other individual.
For all these reasons, and those stated in the attached memorandum in support, Plaintiff
respectfully request that the Court grant Plaintiffs leave to file the attached Amended Complaint. Also
attached is a proposed order.

Respectfully submitted,
DATED this 27th day of August 2021.
/s/ Amy Pickett
AMY PICKETT
P.O. Box 543
Buffalo Gap, Texas 79508
apickett1010@yahoo.com
(682) 258-4558
PLAINTIFF, PRO SE

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been served
electronically through the Court’s Electronic Case File Notification on this 27th day of August
2021. to:

CORY A. SCANLON
State Bar No. 24104599
Assistant Attorney General
General Litigation Division
Office of the Attorney General
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Tel: (512) 463-2120
Fax: (512) 463-2120
Cory.scanlon@oag.texas.gov
COUNSEL FOR DEFENDANTS TEXAS
TECH UNIVERSITY HEALTH SCIENCES
CENTER, DR. BARBARA CHERRY, and DR.
MICHAEL EVANS

/s/ Amy Pickett
AMY PICKETT
P.O. Box 543
Buffalo Gap, Texas 79508
apickett1010@yahoo.com
(682) 258-4558
PLAINTIFF, PRO SE

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