It is a tale as old as time. The prosecutor says the defendant is guilty; the defense attorney says that the defendant is innocent. A plea agreement ensues. As a condition of that plea agreement, and to prevent a potential false-arrest lawsuit, the prosecutor demands that the defendant stipulate that the police had probable cause to arrest. The defense attorney agrees. The defendant agrees. The judge approves. Justice is served. Next case.

But hold on. That plea agreement violates a longstanding prohibition on a plea (or Pre-Trial Intervention) being conditioned on the defendant releasing anyone – police, prosecutor, or government – from civil liability.

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