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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANBROOKE ELIZABETH HEIKE, ))Plaintiff, ) Case No.)v. ) HONORABLE)SUE GUEVARA, individually and )in her official capacity, DAVE HEEKE, )individually and in his official )capacity, PATRICIA PICKLER, )individually and in her official )capacity, and CENTRAL MICHIGAN )UNIVERSITY BOARD OF TRUSTEES, )a constitutional body corporate, )jointly and severally, ) JURY TRIAL REQUESTED)Defendants. )
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COMPLAINT FOR DAMAGESAND FOR INJUNCTIVE RELIEF
 
Plaintiff Brooke Elizabeth Heike, by and through her attorneys, The VictorFirm, PLLC, hereby states for her complaint against defendants Sue Guevara,individually and in her official capacity, Dave Heeke, individually and in his officialcapacity, Patricia Pickler, individually and in her official capacity, and CentralMichigan University Board of Trustees, a constitutional body corporate, jointlyand severally, as follows:
JURISDICTION
 1. This is a civil action:(a) Arising under the Constitution and laws of the United Statesand this Court has original federal jurisdiction pursuant to 28 U.S.C. §1331;
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(b) To redress the deprivation, under the color of law, of therights, privileges and immunities of plaintiff secured by the Constitution of theUnited States providing for equal rights of its citizens and of all persons of any jurisdiction in the United States, and this Court has original jurisdiction pursuantto 28 U.S.C. §1343(3); and(c) For declaratory judgment and injunctive relief pursuant to 42U.S.C. §1983. and this Court has jurisdiction pursuant to 28 U.S.C. §1343(4).2. The principal events giving rise to the claims stated herein occurredin this Judicial District and venue is therefore proper in this District pursuant to 28U.S.C. §1391(b).3. This Court has authority to issue declaratory and injunctive reliefpursuant to 28 U.S.C. §2201 and 2202.
THE PARTIES
 4. Plaintiff Brooke Elizabeth Heike is a female individual, who residesin Macomb County, Michigan, within this Judicial District. Plaintiff is ofCaucasian and Native American descent.5. Defendant Central Michigan University Board of Trustees is aconstitutional body corporate under the Michigan Constitution (1963), Art. 8, §§4-6, operating in Isabella County, Michigan, within this Judicial District., which hasgeneral supervision of its institution, Central Michigan University, a publicuniversity of higher education (hereinafter referred to as “CMU”). Uponinformation and belief, CMU receives federal funding.- 2 -
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6. Defendant Sue Guevara is an individual who resides within thisJudicial District and who is employed by defendant CMU as Head Coach of thewomen’s basketball program. Defendant Guevara is being sued individually andin her official capacity. By virtue of her position as Head Coach of the women’sbasketball program, defendant Guevara is a policy-making and decision-makingofficial for CMU.7. Defendant Dave Heeke is an individual who resides within thisJudicial District and who is employed by defendant CMU as its Athletics Director.Defendant Heeke is being sued individually and in his official capacity. AsAthletics Director, defendant Heeke is the chief administrator and executive ofthe Athletics Department of defendant CMU, and is a policy-making anddecision-making official for CMU. Defendant Heeke is responsible for the hiringand supervision of the Athletics Department’s head coaches, including defendantGuevara.8. Defendant Patricia Pickler is an individual who resides within thisJudicial District and who is employed by defendant CMU as Assistant Director,Office of Scholarships and Financial Aid. Defendant Pickler is being suedindividually and in her official capacity. In her position, defendant Pickler is apolicy-making and decision-making official for CMU.
FACTUAL ALLEGATIONS
 9. Plaintiff Brooke Heike attended Romeo High School in Romeo,Michigan, from September, 2002 through June, 2006.- 3 -
Case 1:09-cv-10427-TLL-CEB Document 1 Filed 02/03/2009 Page 3 of 46
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