What is the test for an individual to have the authority to refuse to give up on their right to sue for damages?

MultiRegion, United States of America

The following excerpt is from Garza v. County of Los Angeles, 918 F.2d 763 (9th Cir. 1991):

9 One's resolve in this regard is put to the test by Brown v. Thomson, 462 U.S. 835, 103 S.Ct. 2690, 77 L.Ed.2d 214 (1983). See id. at 850, 103 S.Ct. at 2700 (Brennan, J., dissenting); note 11 infra.

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