· 1/21/1999
Albert D. Burke v. Bruce J. Johnson, Gary Vaughn, and Jackson Township
Citations
- 167 F.3d 276
- 1999 U.S. App. LEXIS 715
- 1999 WL 23260
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a release-dismissal agreement “executed under judicial supervision” counted in favor of the agreement’s enforceability (citation and internal quotation marks omitted)
- holding that a party seeking to enforce an oral release-dismissal agreement had to prove voluntariness by a preponderance of the evidence
- noting that \the release/dismissal agreement [was] ... entered into as part of a plea agreement\
- noting that a preponderance standard is used to determine the voluntariness of a waiver of Miranda rights, the voluntariness of a confession, and the involun- tariness of a guilty plea attacked in a habeas proceeding
- describing the evidence that Rumery entered into the agreement voluntarily as “convincing.”
- “[W]here the parties present evidence advancing conflicting versions of the facts giving rise to a Section 1983 litigant’s alleged injuries, enforcement is appropriate.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Suhrheinrich, Clay, Rosen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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