Ah, a seizure-less malicious prosecution case brought under section 1983

Some time ago, I was ruminating over case law about the relationship between malicious prosecution and constitutional claims under section 1983. It looks like lawyers Tim McAfee and Henry Keuling-Stout are fighting over one now, as the plaintiff who has filed suit for being summonsed for not paying the landfill fee in Wise County was not arrested, according to this report in the Coalfield Progress.

The article says that Judge Williams denied the defense motion to dismiss and converted the motion to one for summary judgment, so we'll have to see whether he has anything to say on this question.