United States Ninth Circuit

In the context of a civil rights case alleging malicious prosecution, the fact that a plaintiff-s version of an incident conflicts with that of the law enforcement officers involved is not enough to defeat the presumption that a prosecutor exercises independent judgment in choosing to file charges. A plaintiff who presents only such evidence cannot survive summary judgment on a malicious prosecution claim.

Appellate Information

• Argued 04/04/2006
• Decided 08/07/2006
• Published 08/07/2006

Judges

• O'SCANNLAIN, Circuit Judge., Before DOROTHY W. NELSON, DIARMUID F. O'SCANNLAIN, Circuit Judges, and ROBERT C. JONES, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerry L. Steering, Law Office of Jerry L. Steering, Newport Beach, CA, argued the cause for the appellant and filed a brief.


• For Appellees:
  
• David D. Lawrence, Franscell, Strickland, Roberts & Lawrence, Orange, CA, argued the cause for the appellee;  Christina M. Sprenger and Jorge Chica were also on the brief.