When a plaintiff files a lawsuit, the plaintiff often focuses on the facts of the case and the law that pertains to those facts. The plaintiff should prevail when the law supports the plaintiff’s allegations, and the plaintiff should lose when the law supports the defendant’s allegations.
But there is another way that a plaintiff can lose. Consider the case of Harold Johnson versus the Borough of Frenchtown and the Frenchtown Police Department.
Harold Johnson was a probationary police officer in Frenchtown. On August 1, 2012, the Borough Council voted unanimously to terminate his employment. While the council offered no reason for the termination other than unfit for duty, the local press reported an incident that may have been the basis of the council’s decision.
Johnson filed a lawsuit in Superior Court three weeks after being terminated, alleging that on a daily basis he was:
As an example of racially discriminatory treatment, Johnson alleged that he, an African-American, was threatened with charges for filling out his log incorrectly, while a white officer was only given a reprimand when he neglected to respond to a hit-and-run.
Discovery is the legal requirement for the parties to exchange documents and other information relevant to the claims that each party makes. The judge routinely imposes a discovery schedule that is expected to be complied with. The judge can sanction a party for failing to provide discovery. On July 12, 2013, that is what happened to Johnson. The judge granted the defendants’ motion to dismiss the lawsuit because Johnson failed to provide discovery.
Having competent legal counsel represent you ensures that you won’t lose your case due to failure to comply with legal procedures.