Mendez-Mendoza v. Milton

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Maria MENDEZ-MENDOZA, Plaintiff-Appellant, v. Officers Robert MILTON, Eric Karl Nelson, Steven T. Burke, Larry L. Welty and Oregon State Police Dept. Superintendent R.G. Madsen, Defendants-Appellees. No. 92-36585. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1993. * Decided July 20, 1993. Before: GOODWIN, FARRIS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Mendez-Mendoza argues that the release-dismissal agreement is invalid because: 1) it was not supported by consideration; 2) it was the result of unilateral mistake or district attorney misrepresentation; and 3) it violates public policy. We affirm. 3 Mendez-Mendoza contends that the agreement was not supported by consideration because the district attorney would have dismissed the charges without the release. The argument is misplaced. Although the performance of a legal duty does not constitute consideration to support a promise,…