The following excerpt is from Fenters v. Chevron, No. CV-F-05-1630 OWW/DLB (E.D. Cal. 2010):
Our later cases further explained the types of evidence necessary to overcome the presumption. In Borunda v. Richmond, 885 F.2d 1384, 1390 (9th Cir.1988), we affirmed an award of damages that included attorneys' fees incurred defending against criminal charges of which the plaintiffs were acquitted. The prosecutor based the decision to prosecute solely on the information contained in the officers' reports, but the plaintiffs highlighted striking omissions in those reports as well as the fact that the officers themselves offered conflicting stories. Id. On the basis of such evidence, '[t]he jury was entitled to find... that [the officers] procured the filing of the criminal complaint by making misrepresentations to the prosecuting attorney.' Id.....
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