Cleveland has asked a judge to dismiss a federal lawsuit filed by a convicted robber who was shot in the back and paralyzed by a police officer because he'd lied during a deposition.

Cleveland.com reports 24-year-old Alex Littlejohn said in the deposition he gave a gun used in the 2014 robbery of a Family Dollar store to his accomplice, his half brother. Littlejohn told his attorney after the deposition he tossed the gun while running from the store.

Littlejohn subsequently submitted a written statement acknowledging the discrepancy.

A city attorney filed court documents Thursday seeking to have the lawsuit dismissed because of Littlejohn's contradictory statements.

Littlejohn's attorney disagreed. , Paul Cristallo says the lawsuit shouldn't be dismissed because Littlejohn's statement shows he wasn't armed when the officer shot him.