Newton v. Rumery

Rumery (defendant) was arrested and charged with witness tampering, and his attorney negotiated an agreement with the county attorney under which Rumery would not sue the town of Newton in exchange for dismissal of the charges; Rumery's attorney drafted the agreement, and Rumery took three days to consider it before signing. Ten months later, Rumery sued the town under 42 U.S.C. § 1983, alleging unconstitutional arrest, defamation, and false imprisonment. The town asserted the release-dismissal agreement as a defense; the trial court enforced it as a voluntary, informed decision, but the appellate court reversed, holding such agreements per se invalid as against public policy, and the Supreme Court granted certiorari.