A federal judge has warned a woman who tussled with a transportation security agent at Bob Hope Airport over her 93-year-old mother's applesauce that she must file an amended complaint.
Nadine Hays of Camarillo has filed three motions — all of which have been opposed by her defendants — for more time to work on a second amended complaint against the Transportation Security Administration, Burbank Airport Police Department and the city of Burbank. She alleged in the first complaint, which was dismissed in May, that she was arrested in the 2009 incident based on a falsified police report and altered evidence.
On Friday, U.S. District Court Judge Patrick Walsh granted Hays an extension until Oct. 10, but said he was “not inclined to grant any further continuances,” according to court records.
Hays said she has been under “extreme pressures,” especially because she suffers from post-traumatic stress disorder, and has struggled to write a complaint clearly, according to court documents.
Hays stated “she would like to try a new way of thinking … to do an outline to see if it will help her organize her thoughts better.”
Attorneys representing the TSA urged Walsh to dismiss the case “because [Hays] has failed to follow multiple orders issued by this court even after being expressly warned that noncompliance could lead to dismissal,” according to court records.
In July, Walsh notified Hays that all she needed to do was provide a factual account with details of what happened and who was responsible.
Walsh said Hays' “kitchen sink” approach to name dozens of defendants and include claims that have already been dismissed doesn't comply with court rules and “will be dismissed as such.”
Hays was charged with misdemeanor battery after she allegedly made a fist and struck the TSA agent's hand as they tried to take an ice chest from her during a security check at Terminal B.
She has said the ice chest contained her mother's applesauce, cheese and milk, which were needed because of her medical condition. Hays has denied striking the agent.
A Los Angeles County Superior Court judge dismissed the criminal charge against Hays in October 2010 after she reported six months of good behavior.