Civil Liability Release

1. Introduction.

Civil lawsuits against police officers, supervisory personnel, law enforcement agencies, and prosecutors all grow out of the same activities which result in the filing and pursuing of criminal charges against arrestees. In some instances, “release-dismissal” agreements are entered into in which criminal charges against a particular defendant are dismissed in exchange for them executing a release of possible civil liability claims, whether federal or state or both, against governmental employees or entities. There are also instances when, after criminal charges against them are dropped, and they are not longer in jeopardy of prosecution, such defendants attempt to change their minds as to the release part of the agreement, and proceed to file and attempt to pursue civil lawsuits concerning their arrest, the use of force against them, the search of their home or business, or other aspects of their treatment by the criminal justice system When are such “release-dismissal” agreements enforceable? What factors will courts look at to determine whether they are constitutional? What are some....