Q: if a pro se litigant didnt know that forceful search by coersion is illegal search and states in the complaint that she wasn't iiegally searched, can the lawyer now state in the opposition papers to a motion to dismiss that the pro se client was in fact illegally searched, or the case would then run the risk of getting dismissed for inconsistency between the complaint and opposition papers?
A: David's Answer: If the complaint specifically states that the search was not illegal, then you would need to file a cross-motion to amend the complaint. Otherwise, if you are alleging the search was not illegal, then there's no basis for your lawsuit & it will most likely be dismissed. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
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