Can a plaintiff bring a malicious prosecution claim against the Director of Public Prosecutions, John Stiles?
California, United States of America
The following excerpt is from Golin v. Allenby, A140652 (Cal. App. 2015):
As to the malicious prosecution claim, plaintiffs' allegations are far too vague to state a claim for relief against Stiles. "Ordinarily, the decision to file a criminal complaint is presumed to result from an independent determination on the part of the prosecutor." (Awabdy v. City of Adelanto (9th Cir. 2004) 368 F.3d 1062, 1067.) A plaintiff may refute the presumption of prosecutorial independence by alleging a
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