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· 2/5/2010

Waggy v. SPOKANE COUNTY WASHINGTON

Citations

  • 594 F.3d 707
  • 2010 U.S. App. LEXIS 2498
  • 2010 WL 396023

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a plaintiff must allege and prove an express policy exists 4 to challenge an express municipal policy or custom
  • noting that a plaintiff must allege and 19 prove an express policy exists to challenge an express municipal policy or custom
  • concluding prosecutor acted “as a judicial advocate before the court” when she submitted “a motion for a bench warrant to the court applying the law to facts alleged in supporting affidavits signed by witnesses” and was entitled to absolute immunity
  • affirming summary judgment for county where plaintiff failed to provide any evidence of county policy, practice or custom, or of inadequate training and supervision that caused the alleged constitutional injury
  • affirming dismissal of failure-to-train claim 19 where plaintiff failed to allege facts indicating what training practices the county 20 employed and what constitutionally mandated training was lacking
  • “[A] prosecutor sheds absolute immunity when she acts as a ‘complaining 12 witness’ by certifying that the facts alleged within an affidavit are true.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gould, Tallman, Benitez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.