The City’s own evidence could defeat its request for dismissal
The City’s own submissions sometimes prevented dismissal. In Lopez, testimony showed prior notice relevant to supervision. The defendants’ own evidence established that they started the prosecution and that it ended in the plaintiffs’ favor. In Thompson, conflicting accounts left the initial stop’s legality unresolved, even though later events justified arrest.
Preparation point
Look for the facts needed to oppose dismissal in the City’s own submissions.
How it played outSituation, action, outcome
- The situation
- The City requested dismissal.
- What he did
- He checked its own evidence for unanswered facts.
- What made a difference
- A later justification did not settle the legality of earlier conduct.
In his words1 quote
“defendants' own evidence establishes questions of liability”
Lopez v New York City Dept. of Educ., at *6. On questions raised by the defendants’ own evidence.
In the cited cases3 rulings
Thompson: later discovery of contraband did not settle whether the initial stop was lawful.