He should sue and we should contribute to helping. The previous comments missed another reason why the agreement not to sue the sheriff and everybody else involved is that a valid contract requires payment ("consideration") for something of value received. Here, Mr. Fleming received nothing he didn't already own. The government had no right to arrest him, so he can't be bound to a contract by offering to give him his freedom. Even worse - as has already been pointed out - the government was coercing him to waive his constitutional rights, so not only did they coerce him to sign a bogus agreement, they asked for something that can't be granted and wouldn't be enforceable in a contract based because it is against public policy. Further, the government should be sued under the 4th amendment, because his arrest was an illegal seizure of his body and airplane. All of the officials involved should be sued under state law, and any federal employee involved should be sued under 42 U.S.C. § 1983. There might be some theory for suing the power plant or its employees as well, but there is probably some statute that would make doing that difficult.
