Legal Opinion

Albert D. Burke v. Bruce J. Johnson, Gary Vaughn, and Jackson Township

Court of Appeals for the Sixth Circuit

Decided January 21, 1999No. 97-3831PublishedCited by 18 opinions

1Opinion of the Court

OPINION

ROSEN, District Judge.

This Section 1983 case calls upon us to resolve questions surrounding the validity of a release-dismissal agreement entered into by Plaintiff Albert Burke as part of his plea agreement in a state criminal proceeding, and the burdens of proof as to the validity of that release as a bar to a subsequent federal civil rights action. The District Court determined that Plaintiffs Section 1983 civil rights action was barred in its entirety by the release given by Burke. For the reasons stated below, we affirm the District Court’s decision.

I. PERTINENT FACTS

On February…

2Cases cited17 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Colorado v. ConnellySupreme Court of the United States · 1986
  3. Lego v. TwomeySupreme Court of the United States · 1972
  4. Shirley J. MITCHELL, Plaintiff-Appellant, v. TOLEDO HOSPITAL, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1992
  5. Town of Newton v. RumerySupreme Court of the United States · 1987

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3Cited by18 opinions

  1. Cady v. Arenac CountyCourt of Appeals for the Sixth Circuit · 2009
  2. People v. SmithMichigan Supreme Court · 2018
  3. Musso-Escude v. EdwardsCourt of Appeals of Washington · 2000
  4. Musso-Escude v. EdwardsCourt of Appeals of Washington · 2000
  5. Roberto Gonzalez and Gloria Holland v. Nicholas Kokot and Deverick DixonCourt of Appeals for the Seventh Circuit · 2002

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