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BURKE v. JOHNSON

No. 97-3831.

167 F.3d 276 (1999)

Albert D. BURKE, Plaintiff-Appellant, v. Bruce J. JOHNSON, Gary Vaughn, and Jackson Township, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1999.

Attorney(s) appearing for the Case

John P. Kolesar (argued and briefed), Tiffin, Ohio, for Plaintiff-Appellant.

James P. Nolan II (argued and briefed), Bieser, Greer & Landis, L.L.P., Dayton, Ohio, for Defendants-Appellees.

Before: SUHRHEINRICH and CLAY, Circuit Judges; ROSEN, District Judge.

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 Plaintiff's Section 1983 civil rights action was barred in its...

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