Evans v. Smith

The plaintiffs-appellants, Michael Evans (“Evans”) and Debbie Evans, appeal from the trial court’s order granting summary judgment in favor of the defendants-appellees on the plaintiffs’ claims for civil rights violations under Section 1983, Title 42, U.S.Code (“Section 1983”), and for malicious prosecution, false arrest and false imprisonment. The assignment of error, challenging the trial court’s order, contends that the evidentiary material in the record demonstrates the existence of fact-dependent issues inherent in the elements of. malice and probable cause essential to their claims. We…