William A. Morgan v. City of Chino, and Bruce Schofield

78 F.3d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William A. MORGAN, Plaintiff-Appellant, v. CITY OF CHINO, Defendant, and Bruce Schofield, Defendant-Appellee. No. 94-55774. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 12, 1995. Decided March 7, 1996. 1 Before: SCHROEDER and O'SCANNLAIN, Circuit Judges, and BURNS, Senior District Judge. * 2 MEMORANDUM ** 3 Morgan appeals the district court's grant of summary judgment to Schofield. Morgan asserts the district court erred when it did not require Schofield to carry the burden of showing the prosecutor exercised independent judgment when he made the decision to prosecute Morgan. Morgan further contends the district court erred when it held that Schofield was entitled to qualified immunity. 4 We review de novo a grant of summary judgment under the same standards used by the trial court pursuant to Fed.R.Civ.P. 56(c). Jesinger v. Nevada Federal Credit Union, 24 F.3d 1127, 1130 (9th…