Former school superintendent gets past motion for summary judgment in malicious prosecution case against building inspector

In Proffit v. Ring, Judge Jones of the W.D. Va. denied defendant's motion for summary judgment on plaintiff's malicious prosecution claim, in the case of the former superintendent of schools in Grayson County against the county building inspector who caused a criminal warrant to be issued against the superintendent for school construction that was without a permit.

The Court concluded: (1) on the issue of advice of counsel, "genuine issues of material fact exist as to whether attorney Bolt was supplied with all of the relevant facts and whether Ring followed his advice," (2) on the issue of voluntary compromise, there was another issue of fact as to "whether there was an agreed settlement of the criminal charge against Proffit," and (3) issues of fact precluded a finding that the defendant was entitled to immunity.