Newman

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”), in San Juan Capistrano, California. After Johnson handed him a traffic citation for speeding, Newman asked if there was any chance he could receive a warning instead of a citation. According to Johnson, Newman explained that he had been in the Air Force and was a 30-year veteran pilot in the airline industry. Newman claims that he told Deputy Johnson only that he had not had a ticket in the previous sixteen years and that his father was a deputy sheriff. Newman eventually signed the citation and was given a copy of the ticket. As Johnson turned to go, Newman said, “I hope you have a Merry Christmas.” The two disagree about what happened next.

A

Johnson says that he walked back to his motorcycle and began writing his notes about the traffic stop. Newman started his car and accelerated back onto the…