Colbert

MEMORANDUM **

Roy Colbert, Jr., appeals the district court’s grant of summary judgment to Defendants City of Fontana, Fontana Police Department, Officer Brad Guith, and Detective Mark Jacobson on Colbert’s § 1983 claim for malicious prosecution. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the grant of summary judgment de novo. Newman v. County of Orange, 457 F.3d 991, 993 (9th Cir.2006). In doing so, we view “the evidence in the light most favorable to the non-moving party” to determine “whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” United States ex rel. Ali v. Daniel, Mann, Johnson & Mendenhall 355 F.3d 1140, 1144 (9th Cir.2004).

Smiddy v. Varney established a rebuttable presumption that a prosecutor exercises independent judgment in deciding to file criminal charges, thus immunizing the investigating officers from liability for injuries suffered after the charging decision. 665 F.2d 261 (9th Cir.1981). This presumption may be rebutted with evidence that the officers “improperly exerted pressure on the prosecutor, knowingly provided misinformation to him,…