MOTION for Leave to File Amended Complaint filed by Amy Pickett (Attachments: # 1 Proposed Amendment, # 2 Proposed Order) (Pickett, Amy) Modified on 10/4/2021 (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 Document 32 Filed 08/27/21 Page 1 of 3 PageID 326 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. § § § § § § Civil Action No. 5:20-cv-00232-H-BQ § § § § § § § 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 Page 1 Case 5:20-cv-00232-H-BV Document 32 Filed 08/27/21 Page 2 of 3 PageID 327 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 Page 2 Case 5:20-cv-00232-H-BV Document 32 Filed 08/27/21 Page 3 of 3 PageID 328 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 Page 3