Serial lawsuit filer comes out swinging for round three

David Yates Apr. 22, 2009, 6:51am

In November, the Record reported that Amy Modica filed a pro se suit against former President George W. Bush and the Beaumont Housing Authority for forcing her into homelessness.

Since that first suit, Modica has filed four more complaints against various individuals and organizations, with the latest two filings landing in Jefferson County District Courts earlier this month.

On April 3, Modica filed two separate lawsuits, the first of which is against Beaumont Bone and Joint Institute, a doctor, and one invisible man. (Case No. E183-716)

According to her suit, on March 31, four days prior to the filing of her suit, Modica was "forced to walk at length" to a bus stop and board a non-handicapped bus to reach Beaumont Bone and Joint, where she had an appointment with Dr. Hill.

Modica, who claims she suffers from Post Traumatic Stress Disorder and foot problems, alleges Beaumont Bone and Joint put her at risk by not providing her with transportation and forcing her to push her walker "down the road" on the way to her bus stops.

"The Beaumont Bone and Joint Institute should never never never deny someone transport in situations like mine," Modica's suit states. "That's common sense."

The suit also faults Dr. Hill for "adding to (her) injury" but not using any "machinery" during her exam.

The second suit � filed against the Department of Human Services of Beaumont, Executive Director Chuck Hutchenson and case manager Rina Androde � accuses the defendants of wrongly denying her Medicaid benefits and food stamps. (Case No. B183-721)

As of yet, no responses have been filed by defendants in either suit.

Modica first started her serial suit filing on Nov. 13, when she sued Bush and the Housing Authority of Beaumont for discriminating against the handicapped by refusing to make them a priority. (Case No. D182-951)

She claims she was court ordered to get housing and has been trying, but feared she would land in a homeless shelter because of the defendants' "mismanagement."

Bush was included in the suit because a higher up allegedly named him as the "person highest in charge over her entity," the U.S. Department of Housing and Urban Development.

On Nov. 18, Rebecca Gregory, the U.S. attorney for the Eastern District of Texas, had the case removed to federal court, where it is still pending.

The removal did not deter Modica.

On Dec. 23, Modica filed two more lawsuits insinuating the respective behavior of two local professionals caused her mental anguish and physical harm.

The first suit, filed against Dr. Howard Wilcox, claims the local doctor's rudeness caused her to have a heart attack in his office. (Case No. A182-714)

Dr. Wilcox's attorney, Robert Scherrer, responded to the suit by asserting a general denial and demanding a jury trial.

Court documents show the case as active.

The second lawsuit insinuates local attorney Frank Calvert verbally assaulted Modica by employing "sarcasm." (Case No. B182-904)

On Feb. 26 Judge Gary Sanderson, 60th Judicial District, ruled that Modica's claims against Calvert were "frivolous" and granted the attorney's motion to dismiss.

So far, it is the sole suit to be dismissed.

The suit states that Modica has a registered German Shepherd named Rin Tin Tin who helps her pick up dropped items, lowers her heart rate and provides her with therapeutic love.

According to an email to the Record from a woman claiming to own the Rin Tin Tin trademark, Modica does not own the actual Rin Tin Tin.

Court officials told the Record the dog accompanies her when she visits the Jefferson County courthouse.

She claims she also uses a walker for long distance walking and has shortness of breath.

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