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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.