Legal Question in Criminal Law in Minnesota
Pretrial Diversion
Small town incident. Plaintiff, a 70+ year old man, was arrested in his home for D.W.I. by Defendant Officer. Plaintiff suffered severe scratching and bruising to his neck and arms when the arresting officer took him into custody. Three days later Defendant and city attorney entered into a Pretrial Diversion agreement. The last term in this otherwise ordinary agreement provided:
''In consideration of this agreement and Order, I hereby release [the City], [the City] police department, and [the Officer] from any and all claims and causes of action arising out of and in connection with this incident, including any claims which I might have for injuries sustained when I was taken into custody.''
Is this ''release'' valid? Thank you in advance for any help you might have. I look forward to some replies.
1 Answer from Attorneys
Re: Pretrial Diversion
This is a civil law question, not a criminal law question, even though related to a criminal case. I have not had a similar case, nor have I researched the published decisions for a similar case. I would be surprised if there were not similar cases in the past, where this question has been decided in various jurisdictions.
If I were to research it, I would be looking for answers to the following questions. Will the statute of limitations bar prosecution of the defendant/would-be plaintiff after three years from the arrest date? Even if he breached the agreement by making a claim against the police office and municipality, etc.? Did the city prosecuting the case commit a crime, by attempting to settle or preclude a civil claim by threat of criminal prosecution? Does the anticipated damage award, whether based upon physical injuries or civil rights violations, amount to enough, in light of the likelihood of survival of defense summary judgment motions based upon immunity claims and likelihood of a plaintiff's verdict -- justify the cost of making a claim against the police officer and municipality, etc.? If not, is it worth the possibility of undoing the settlement of the criminal DWI case, by pursuing such a civil claim? Is this release voidable due its being obtained by improper coercion, against public policy?
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