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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