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Waggy v. Spokane County, No. 09-35133

By FindLaw Staff on February 05, 2010 2:43 PM

In a 42 U.S.C. section 1983 action claiming that county prosecuting attorneys and a county violated plaintiff's constitutional right to be free from arrest without probable cause, summary judgment for defendants is affirmed where: 1) the prosecutor's motion for a bench warrant essentially constituted the initiation of new judicial proceedings against plaintiff for violating the terms of his community placement, and was not an investigative act; and 2) plaintiff pointed to no county policy or custom that caused his alleged injury.

Read Waggy v. Spokane County, No. 09-35133

Appellate Information

Argued and Submitted December 10, 2009

Filed February 5, 2010

Judges

Opinion by Judge Tallman

Counsel

For Appellant:

Richard D. Wall, P.S., Spokane, WA

For Appellees:

Hugh T. Lackie and Heather C. Yakely, Evans, Craven & Lackie, P.S., Spokane, WA

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