Petition for ReHearing — Lampkin-Asam v. Volusia County School Board (No. 07-1359)

\W ‘ GS

| Supreme Court. U.S. 1

FILED

OCT 2 9 2008

| OFFICE OF THE CLERK

No. O7-/32 549

In the

SUPREME COURT OF THE UNITED STATES

DR. JULIA McCAIN LAMPKIN-ASAM

Petitioner

vs.

VOLUSIA COUNTY SCHOOL BOARD, et. al.

Respondents

On Petition for Writ of Certiorari

U.S. Court of Appeals, Eleventh Circuit

PETITION FOR REHEARING

Julia McCain Lampkin-Asam, Ph.D.,J.D., Pro Se

3240 Tealwood Terrace

Deltona, Florida 32725

(386) 532 6270

1

TABLE OF CONTENTS

TABLES OF AUTHORITES

ARGUMENT

Certification

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11

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TABLE OF AUTHORITIES

LIST OF CASES Page

Brandon v. Holt, 105 S. Ct. 873 (1995). 3

Dade Countv School Board v. Miami Heraid Pub.

Co. 443 So. 2d 268 (DCA Fla. 34 Dist., 1935).

9

Federico v. Board of Edcu. Of Public Schools of

Tarrytown, 955 F. Supp. 194, 1977 WL. 37409,

114 Ed. Law Rep. 969, S.D.N.Y. January 23, 1997.

8

Friedlander v. Nims, 755 F. 2d 810, 811.8 §12-214,

(11th Cir. 1985). 7

Gilder Lucas v. Elmore County Bd. Of Educ. 399

F. Supp. 2d 1267, 2005, WL 302824, 205 Ed. Law

Rep., M.D. Ala., October 26, 2005.

8

Monell v. Department of Social Services of the

City of New York 436 U.S. 658, L. Ed. 611, 98 S.

Ct. 2018 (1978).

2

Motes v. Mvers 810 F. 2d 1055 (11% Cir. 1987).

7

Solomon v. Walgreen Co., 975 F. 2d 1086, 1089,

5 Cir. 1992). 2

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FEDERAL STATUTES

42 U.S.C. Section 1983 7

FLORIDA STATUTE

119.011(1) 9

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ARGUMENT

Dr. Julia McCain Lampkin-Asam, Petitioner incorporates

all writings in case 07 1359 into the Petition for Rehearing

as if rewritten in said document.

Dr. Lampkin-Asam, a substitute teacher, noticed the

sheriff office of the felony of the 13-year old student that

sneaked up behind her and hit her in the back of her head

with a weapon (metal) on August 24, 2005. The student

was unprovoked since he had been absent and had not

participated in school activities in the math class. Dr.

Lampkin-Asam made the report on 9/14/05; however the

next day she was terminated on 9/15/05 and received no

notice of termination as a substitute teacher or any due

process since she had been noticed by the doctor not to

report for duty until both cardiologist and a neurologist

had released her because of her injuries to report to work.

The school did not have right to terminate me just

because | reported a crime of a violent act that has caused

me permanent damages to my head and body because

before | was hit by the student when | was 74 years old |

had not had a concussion or any heart problems. Also, |

did not have to walk with a cane before | was hit because |

have loss my balance because | was hit in the head.

| am not the only teacher that has been damaged by a

violent act by a student in a school which can not control

weapons brought into the school since no screening was

available for screening of weapons in the school which |

was teaching at the time. See the Reasons to grant the

Writ for Certiorari which | presented a news article in

2

another school which | had taught as a substitute teacher,

Deland Middle School.

Also, in the legal literature it appears that school

administrators attempt to create a controversy that are

lies about a teacher so that the lower federal court can

pretend a complaint is a “shotgun pleading” when in

reality the teacher is telling the story as it happened.

This Mississippi case has an exception for a substitute

teacher who is 74 years old who does not have a tenure

contract because apparently the school does not like to

give contracts to teachers 74 years old.

See Solomon v. Walgreen Co., 975 F. 2d 1086.1089,

(5% Cir.) 1992.

“In the absence of employment contract, the

Mississippi Supreme Court created two

exceptions to this long standing rule on em-

ployee could have a cause of action for

wrongful termination if he is fired, (1) refuse-

ing to commit an illegal act or (2) or report-

ing his employer’s illegal act.”

The jurisdiction in the federal court comes

under 42 U.S.C. Section 1983 as found in Monell v.

D sat Melied Derdions of the City of

York, 436 U.S. 658, L. ED. 2d 611, 58 S. Ct. 2018

(1978) which held that local governments,

municipals corporations, and _ school boards

| were “persons” subject to

liability under Section 1983.

3

Also, see Brandon v. Holt, 105 S. Ct. 873

(1985) which held that a suit against a municipal

official capacity is tantamount (Emphasis added) to

suit against municipality.

the U.S. Constitutional Amendments, Fifth and

Fourteenth and 42 U.S.C. Section 1983 because

due process as to WRONGFUL TERMINATION

was committed by Dr. Margaret A. Smith

Superintendent and official of the Volusia County

School Board Defendant.

The point is the school superintendent, Dr. Margaret

Smith, of the Volusia County School Board who did not

investigate the incident terminated Dr. Lampkin-Asam one

day after she reported the felony of the student to the

sheriff's office and was retaliation to the teacher.

Mississippi law by Appellate Court, Mississippi

Supreme Court law is inconsistent concerning a

person working on an hourly basis as a substitute

teacher being wrongfully terminated without due

process of life, liberty, or property as to the Fifth

Amendment to U. S. Constitution when the

administrator, Assistant Principal of Deltona

Middle School, Mr. Mark Corruther, acting as an

official of the Volusia County School Board

committed a criminal act by covering-up a crime of

felony by a 13-old student with a weapon hitting

Dr. Lampkin-Asam, a substitute teacher, in the

back of her head while she was teaching math at

Deltona Middle School under the Control of

Volusia County School Board.” —

4

Over 70 years old and the substitute teacher is often called

on to write lesson plans and teach a vacancy (i.e. a teacher

that does not show at the beginning of the year would be

a substitute teacher that could teach without lesson plans

but has the experience to make the ki sson plans in the

subject area which | had completed two weeks before |

was hit in the head. | wrote the lesson plans for the marine

biology class that | had to teach without even knowing the

exact subject before | had to teach the class because of my

biology background. | had a Rank | in biology and

chemistry from the Department of Education in Florida for

a number of years before | was 70 years old.

| taught for the Dade County Schools for a number of

years at the Homestead Air Force on both the high school

and college level since | taught a number of different

science courses for the University of Tampa extension

including biology while | was also doing cancer research on

lymphomas which was my life’s work which was discussed

in the Petition for Writ of Certiorari. | have established a

non-profit cancer institute, Lampkin-Asam Cancer

institute, which | hope to receive money to build before |

die, and | was working at the Volusia County School Board

as a substitute teacher so | could finance the books on

future cancer projects that should be completed to

synthesize a lymphoma vaccine which | have worked on

for a number of years. See the Petition Writ for Certiorari. |

hope to hire a team of basic science in oncology and then

work with M.D.’s to bring the basic science to applied

science to help save people from dying like has been done

in animals. | have written 31 publications in medical

journals and as books also as mentioned.

, sauna gay ees,

5

| do not need the Volusia County School Board to

prevent me from obtaining Cancer Grants because

research on DNA and RNA and Vaccines are expensive and

the answer to a cancer vaccine is the study of mutant

proteins. | have met all the elements of Stigma plus of the

Volusia County School Board writing false information as

directly quoted in the Petition for Writ of Certiorari, and

there was no “Shotgun pleading” because all | did was

write what happened with the lying of the Volusia County

School Board trying to cover up the violence by students. |

need to have my name cleared up because until | was hit

in the head | had an unblemished record as a teacher,

(See Appendix E, the Orlando Sentinel).

The Volusia County School Board should be forced to

remove the false information because | was hit in the head

from my Personnel File so that | am not blocked from

other cancer projects that | may undertake.

The new evidence was proved by the Volusia County

School Board producing Dr. Lampkin-Asam’s Personnel

after approximately 3 years since the incident, which had

the date of 9/15/05 as the date of termination as a

substitute teacher who was applying for her retirement to

have something to eat.

The termination of Dr. Lampkin-Asam because she was

hit in the head by a student after she reported the incident

to the sheriff's office and terminating her the next day has

the appearance of retaliation. She reported the incident

since the Assistant Principal, Mr. Corruthers was trying to

cover- up the felony of a student by writing a false,

defamatory, libelous and phantom teacher evaluation

when he never came into her room to make any

evaluation. The fax that was sent to the Personnel office

6

was sent on the same day the incident was reported on

August 25, 2005 since no one of authority was available to

report the incident on August 24, 2005 since she had to

walk slow from the far- out portable where she was

teaching math at the end of the school day.

See the sheriff record 05 31030 filed 9/14/05 in

Deland Florida.

Dr. Gebel, a Defendant in the instant case, changed

my medical record from 55 disabled to 0% for full duty

when at the time | did not know | was already terminated

since a cardiologist had not signed for me to return to duty

since | had a 50% heart block as a result of the incident.

I did not know officially | had been terminated until |

received the said document from the Personnel file

showing the date to be 9/15/05. Therefore, this is new

evidence that | was officially terminated as a substitute

teacher On 9/15/05.

The false statements in Exhibit [le _are:.

“Unsatisfactory performance of duties” for 4 days

when incident happened the 3" day and the 4» day

Dr. Lampkin-Asam_was_ transferred to the 7"

grade.

The School should have to pay me forward for the next

10 years as well as from August 25, 2005 at the rate of a

Ph.D. as alump sum.

There is no excuse for the school not providing due

process when firing a teacher because she was hit in the

head by a student.

A teacher should not be put out of business when she is

still capable of doing cancer research,

“4

ate. uy 4

7

FEDERAL STATUTES

42 U.S.C. Section 1983

“Every person who, under color of any stature,

ordinance regulation, custom, usuage, or any State

or Territory . Subjects, or causes to be subjected,

any citizen of the United States or other person

within the jurisdiction thereof to the deprivation of

any rights, privileges, or immunities secured by the

Constitution and laws, shall be liable to the party

injured in an action at law, suit in equity, or other

proper proceeding for redress.”

See Motes v. Myers, 810 F. 2d 855,

“Civil rights plaintiff must establish both

deprivation of right secured by the United

States Constitution or federal laws and

by defendant under color of state laws. 42

U.S.C. Section 1983.”

See Friedlander _v. Nims, 755 F. 2d 810 which

states,

“A complaint should not be dismissed for

failure to state a claim unless it appears

beyond doubt that plaintiff can prove no set

of facts in support of his claims which would

entitled him to relief. Fed. Rules Civ. Proc.

Rule 12(b)6 28 U.S.C.A.

8

: f Educ. 399

Gilder-Lucas v. Elmore Count Board of Educ. 399

: aaa 4. 205 Ed. Law

Rep., M.D. Ala., October 2005.

“To establish that a due process was protected

liberty interests was violated by stigmatizing

charges made as part of public employee's 4

nonrenewal of employment, employee must

show: (1) a false statement (2) of stigma:

tizing nature (3) attending government em:

ployee’s discharge (4) was made public

[published by school when Larry Lewis made

cc: of false letter by Mr. Corruthers (Exhibit q

Ila) to Dr. Asam’s Personnel file and then q

the press reviewed the public record and

wrote Appendix E] (5) by the governmenta!

Employer (6) without a meaningful...”

On Section 1983 claim hased on due process

with respect to allegedly defamatory state-

ments of school officials, Plaintiff, teacher is 2

required to prove: that officials published a

stigmatizing information which is at least 4

arguably false; and as a result of stigma, he

has been foreclosed from range of other 4

employment opportunities. U.S.C.A. Const. a

Amend. 14 42...’ |

9

Mr. Corruthers abused Amendment

One (1) to the U.S. Constititution by fabricating a

teacher’s evaluation that he knew would become a

public record (F.S. 119.011(1) repugnant and

infringing on Dr. Lampkin-Asam constitutional

rights under the First, Fifth and Fourteenth

Amendments to the U.S. Constitution that would

stigmatize Dr. Lampkin-Asam _§ severely for

employment any place [SigmsaPlus elements were

met, without

even investigating the incident since he wrote the

false phantom teacher’s evaluation the same day he

was noticed of the incident.

FLORIDA STATUTE 119.011(1)”

“Public records” means all documents,

papers, letters, maps, books, tapes,

photographs, films, sound recordings or

other material, regardless of physical form

or characteristics, made or received pur-

suant to law or ordinance or in con-

nection with the transaction of official

business of any agency.”

* Dade County School Board_v, Miami Herald Pub.

ara te aces in coe ne.

10

The Supreme Court of the United States should review

the instant case and grant the Petition for Rehearing. A

Merit Brief should be requested.

A new document from an expert neurologist has also

been received showing permanent damages to my head

after being hit by a student who was just released from

Detention.

CONCLUSION

Petition for Rehearing should be granted according to

Federal Law presented, and Merits Brief requested to be

written by me. In the alternative, the case should be

remanded to the lower federal for a jury trial on the

disputed issues.

Respectfully submitted,

Yuba We Cure Lampher —Agern

Date

10/29/ oP

Julia McCain Lampkin-Asam, Ph.D..J.D.. Pro Se

Petitioner

Substitute teacher and Cancer Scientist

3240 Tealwood Terrace

Deltona, Florida 32725

(386) 532 6270

, Ea

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Certification

Pursuant to Rule 44.2 this petition for rehearing is

limited to intervening circumstances of a substantial Or a

controlling or to other substantial grounds not previously

presented. It is restricted to grounds of Rule 44.2 not

previously presented and that is presented in good faith

and not for delay of the court.

Sincerely 4

putin. Pe Cain, Lamphin An ™

Julia McCain Lampkin-Asam, Ph.D.,J.D.

nity

DISTRIBUTION REQUEST FORM PLAN #91087

SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA

This form must be completed by the employee participant and returned to the Employer The Employer will

sign this form and forward @ to Bencor Administrative Services for processing.

Distributions are made immediately after the monthly valuation following the date your forms are retumed.

An IRS Form 1099-R will be sent to you for tax purposes before the and of January of the year following the

year of your distnbution.

EMPLOYEE INFORMATION (Must be completed)

NAME:___ Julia L. Asam TELEPHONE:(_386_)_532_6270

ADORESS: 3240 Tealwood Terrace

CITY, STATE, ZIP CODE: _Deltoma, Florida 32725

DATE OF BIRTH:___ 2/27/1931 SOCIAL SECURITY #:__007 34 5386

REASON FOR DISTRIBUTION (Mark one)

Termination of empioyment otigibility Retirement Dis ability Death*

"Wiis svent of he parkcpante euath, provide oensder’s ects SeGuy tenn es nce 2 Covtlhed death certiicata

FORM OF DISTRIBUTION (Mark one)

“™ READ THE ATTACHED IRS SPECIAL TAX NOTICE BEFORE SELECTING AN OPTION =

—

be sent to the IRS)

DRECT ROLLOVER TO A TRADITIONAL IRA (distribution is not curently taxable - provide IRA

Rot ne Custodian’s name and addre On an attach d page)Please Note: Funds may not be rolled over to a

IN CASH (diatribution is taxable in the year itis paid - 20% mandatory withhokding will

DMRECT ROLLOVER TO AN ELIGIBLE QUALIFIED RETIREMENT PLAN distribution is not

currently taxable - provide pian nae, pian type, eccount number, trustee's name and address on ‘an stteched pose)

SIGNATURE OF PARTICIPANT (Required)

Punkin LA Ce 2/26/2007

(Signature of Participant) (Date)

TO BE COMPLETED BY THE EMPLOYER

DATE OF TERMINATION OF ELIGIBILITY. 9-15-05

ey, ale : es oe ae 2QIAI~VT

(Signature for Empioyer) (Date)

SCHOOL BOARD OF VOLUSIA COUNTY - Personnel Services

P.O. BOX 2118 DELAND, FL 32721-2118

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