United States Ninth Circuit

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.

Appellate Information

• Argued 12/10/2009
• Decided 02/05/2010
• Published 02/05/2010

Judges

• Before RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and ROGER T. BENITEZ,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard D. Wall, P.S., Spokane, WA, for the plaintiff-appellant.


• For Appellees:
  
• Hugh T. Lackie, Heather C. Yakely (argued), Evans, Craven & Lackie, P.S., Spokane, WA, for the defendants-appellees.