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· 8/7/2006

Newman v. County of Orange

Citations

  • 457 F.3d 991
  • 2006 U.S. App. LEXIS 20130
  • 2006 WL 2241584

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the chain of causation is unbroken where officers \omit[ ] relevant information\ or \includ[e] false information\
  • discussing that a plaintiff bears the burden of producing evidence to rebut the presumption that a prosecutor exercised independent judgment in determining probable cause
  • plaintiff bears the burden of rebutting presumption of independent judgment, and “must provide more than an account of the incident in question that conflicts with the account of the officers involved”
  • “To rebut the presumption of independent judgment and to survive summary judgment on a malicious prosecution claim, a plaintiff must provide more than an account of the incident in question that conflicts with the account of the officers involved.”
  • plaintiff bears the burden of rebutting presumption that prosecutor acted with independent judgment, and “must provide more than an account of the incident in question that conflicts with the account of the officers involved”
  • rebuttal evidence cannot consist merely of a plaintiff’s own account of events

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, O'Scannlain, Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.