Professional Documents
Culture Documents
TONI L. HELLON
CLERK, SUPERIOR COURT
2/1/2017 8:51:02 AM
Roy Warden
6502 E. Golf Links Rd., #H129
Tucson, Arizona 85730
TELEPHONE: (520) 551-3496
E-MAIL: roywarden@hotmail.com
Pro Se Plaintiff
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NO: C20153232
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THIRD AMENDED COMPLAINT
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(Promissory Estoppel, Conspir)
acy,
Intentional Infliction of Emo)
tional Distress, Negligence)
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) THE HONORABLE GUS ARAGON
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A. PARTIES
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County, Arizona.
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B: TRIAL BY JURY
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C: GENERAL ALLEGATIONS
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7.
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That in July 2013, shortly after Plaintiff entered the 2 year EEE
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tures1 and the space enclosed therein, (2) recruit, instruct and
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The three raised garden areas are referred to as the north garden, the
south garden and the west garden.
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10. That in July 2013, after consultation with and directions given
and the common space enclosed therein, which had fallen into
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11. That the plan required Plaintiff to (1) clean out, refurbish, and
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all sides of the raised garden structures, and all new structures
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ers from EEE residents, and (4) grow and distribute organic
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(Ret.) Colonel Martha McSally was the first outside veteran to befriend
the program.
the details, and the objectives, of the Vets Feeding Vets project,
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15. That in August 2013 Plaintiff began removing trash, debris and
weeds from the garden site.
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preparing the soil and removing debris from the site, confirm-
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woman abuser.
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19. That several months later, when EEE resident Mike Garcia
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structure.
20. That Plaintiff (1) expended significant time and labor improving
21. That Plaintiff had lengthy conversations with both Mike Garcia
and Peter Fisher outlining the goals of the Vets Feeding Vets
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structure.
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23. That on March 15, 2015 Plaintiff directed Mike Garcia to (1)
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tiffs west raised garden structure and Plaintiffs key hole gar-
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the Vets Feeding Vets common area, (5) fill in the hole he dug
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24. That Mike Garcia replied angrily, in sum and substance, You
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Wheelchair people dont need access here and you can build
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non-cooperation.
there are issues that have come up with the Vets Feeding Vets
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tiffs move out date from July 9, 2015 to April 1, 2015 because
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fits.
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ing that EEE had the power to withhold from Plaintiff a signif-
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Plaintiffs move out date had been set for July 9, 2015.
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commodations.
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Sunflower Apartments.
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gram.
tiffs key hole garden site Garcia, sneering, taunting, and pro-
stop, (2) I can do whatever I want, (3) You cant tell me what
know how to garden; your big plans 6 will never come to any-
American flag?
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cause she had not included such claims in her quarterly review
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case notes.
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Referencing Plaintiffs original guidelines to the gardeners: Were supposed to grow food and give it away to needy veterans.
ing;
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38. That on January 6, 2017 while Plaintiff was tending to the mid-
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screaming obscenities;
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39. That Bill thrust his chest into Plaintiff, knocking Plaintiff backwards as Plaintiff shouted Get away from me!;
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41. That Plaintiff stood his ground, put up his arms, extended his
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42. That Bill continued to advance; both parties now shouting and
shoving at each other;
43. That the duration of the violent encounter described in paragraphs 38-42 above was approximately two minutes;
44. That EEE employees Angie and Perry arrived on scene and
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45. That Angie, who had grabbed Bill from behind, was pulled off
balance by a thoroughly enraged Bill;
46. That Plaintiff and Perry moved ten feet away while Angie grappled with Bill, who continued to shout and lunge at Plaintiff;
47. That EEE employee Mike finally arrived on scene from his
office estimated to be 150 yards away;
48. That Angie finally got control of Bill and both walked away from
the scene of the encounter.
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49. That Plaintiff declined when Perry offered to call the police;
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50. That Plaintiff and Perry spoke calmly and rationally for a few
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minutes;
51. That soon after another EEE resident arrived on scene by car
and spoke with Perry on matters unrelated to the incident;
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Project;
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53. That Plaintiff told Perry I just want to be left in peace to work
the garden and give vegetables away;
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54. That when Plaintiff asked Perry for Bills last name so he could
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55. That Perry returned several minutes later and stated he was
not permitted to divulge Bills last name;
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56. That Perry advised and Plaintiff agreed in the interest of public
57. That Plaintiff departed the scene and later that afternoon,
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court clerk with Bills last name, and (2) Plaintiff filed Incident
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60. That on January 10, 2017 when Plaintiff spoke with Counsel
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61. That on January 11, 2017 Plaintiff returned to the Vets Feed-
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ing Vets Garden site, spoke with Perry, and worked the garden;
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62. That several days later Plaintiff received a letter from EEE
COUNT I:
PROMISSORY ESTOPPEL
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cure the Vets Feeding Vets domain, (4) moved to a less desir-
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COUNT II:
CONSPIRACY
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of that conspiracy.
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scribed for severe depression and stress, (3) Plaintiff was un-
66. That Defendant EEE (1) has a duty to provide all veteran res-
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nal assault and battery, (2) failed in its duty to provide such
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den Project.
D: PRAYER
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4.
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Review footnote #7
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allowed by law;
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/s/Roy Warden
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Original and one copy filed with the Court February 1, 2017. I
hereby certify that on February 1, 2017 I personally sent the Third
Amended Complaint, by email, to the following:
Christopher M. Pastore,
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.,
3430 E. Sunrise Drive, Suite 220
Tucson AZ 85718
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