No, he had to plead a cause of action that Greer had been party to violation of Terri's civil rights, which is just fine. Whittmore erred in citing the trial record as evidence to decide that the case could not succeed on the merits. But he had to set aside the trial record. In other words all Gibbs had to do was plead a civil rights violation. Instead of prejudging the case, Whittmore needed to try the case. The hearing was only about injunctive relief to keep Terri alive until the case is tried.
You said it way better than me.