Lasic

Lasic v. Moreno

Good Law
310 F. App'x 97
United States Court of Appeals for the Ninth CircuitJanuary 21, 2009No. 07-15363California237 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant David Lasic (“La-sic”) appeals the district court’s grant of summary judgment to Defendant-Appellee United States Postal Inspector Dana Moreno (“Moreno”) on Lasic’s sole claim of malicious prosecution. We have jurisdiction under 28 U.S.C. § 1291 . We review the distinct court’s grant of summary judgment de novo. Or. Natural Res. Council v. Allen, 476 F.3d 1031 , 1036 (9th Cir.2007). We affirm.

The facts of the case are known to the parties and we do not repeat them here.

Lasic argues that the district court improperly concluded that Lasic could not overcome the presumption that the prosecutors exercised independent judgment in charging him. Lasic argues that Moreno (1) fabricated evidence, (2) acted maliciously, (3) acted in bad faith, (4) hid exculpatory emails and (5) induced the prosecutors to charge Lasic based solely on her prosecution referral. Lasic’s arguments fail to overcome the presumption that the prosecutors exercised independent judgment. The prosecutor initially in charge of the case was thoroughly familiar with the evidence against Lasic and decided to charge Lasic with a different offense than that recommended by Inspector…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.