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Spokane, Washington  Est. May 19, 1883

Sirens & Gavels

9th Circuit rejects Spokane man’s appeal

A Spokane sex offender with a long list of lawsuits against various entities recently lost an appeal to one of the country's highest courts.

Robert M. Waggy argued to the U.S. 9th Circuit Court of Appeals that his arrest in 2004 on a bench warrant was unlawful.

Waggy was arrested on April 19, 2004, after reports that he'd threatened to kill a Department of Social and Health Services caseworker and planned to "conduct a shooting rampage at a local elementary school," according to court documents. He posted bail but was rearrested the next day on a bench warrant after authorities ruled he'd violated the terms of his supervision child rape and molestation charges.

Waggy appealed the U.S. District Court's rejection of his lawsuit over the bench warrant arrest to the 9th U.S. Circuit Court of Appeals, alleging Deputy Prosecutor Kelly Fitzgerald acted outside her role as a judicial advocate when she obtained the bench warrant.

Waggy also claimed Spokane County had an "unconstitutional policy" and didn't properly train or supervise prosecutors on bench warrants.

The 9th Circuit rejected Waggy's appeal in an 11-page opinion issued Feb. 5, ruling that a prosecutor applying the law  to get a bench warrant isn't acting an investigator as Waggy claimed, but is a judicial advocate.

Waggy also claimed that Spokane County had a unconstitutional policy, but "he failed to allege any facts supporting this claim," according to the ruling. "He points us to no express county policy or custom, and he provides no evidence showing even an inference that such a procedure exists."

Waggy also claimed Spokane County failed to supervise and train prosecutors on bench warrants.

But Waggy failed "to provide any facts" about what policies allegedly violate the constitution, according to the ruling.

Reached by phone today, Waggy said he hadn't heard of the ruling and declined comment.

While the 9th Circuit rejected Waggy's claims in a slam-dunk, hands-down ruling, news archives could lead you to believe he knows his way around the court system.

In May 2007, Waggy filed a $250 billion lawsuit against the state, alleging officials repeatedly refused to allow him contact with his daughter.

Waggy has filed a multibillion-dollar lawsuit against Cowles Publishing Co., saying a Spokesman-Review news item about the state lawsuit was libelous.

He has also filed recent lawsuits against, U.S.. Bank, Spokane Mental Health, the state Department of Corrections and Spokane County, according to court records.

Public safety news from the Inland Northwest and beyond.