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NEWMAN v. COUNTY OF ORANGE

No. 04-56103.

457 F.3d 991 (2006)

Rexford Leroy NEWMAN, Jr., Plaintiff-Appellant, v. COUNTY OF ORANGE; Matthew Johnson; Jeffrey Puskas, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2006.

Attorney(s) appearing for the Case

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

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.

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

O'SCANNLAIN, Circuit Judge.

We must decide what evidence a civil rights plaintiff alleging malicious prosecution must produce to overcome the presumption that a prosecutor exercises independent judgment in choosing to file charges.

I

Shortly before Christmas in 2001, Orange County Deputy Sheriff Matthew Johnson ("Johnson"), a motorcycle officer, initiated a traffic stop of Rexford Leroy Newman, Jr. ("Newman...

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