A citizen filed a complaint against a police officer in federal court asserting a state law claim contending that the police officer had negligently harmed the citizen. The police officer filed a motion to dismiss for failure to state a claim, arguing that the police officer was immune from negligence claims under an applicable state statute. Upon reading this motion, the citizen decided to file an amended complaint asserting reckless conduct by the police officer, which would fall outside the scope of the state immunity statute. Does the citizen need the court's permission to amend the complaint