But, this proposition does not end our inquiry. Labeling—as Whiting did here—a
section 1983 claim as one for a “malicious prosecution” can be a shorthand way of describing a kind of legitimate
section 1983 claim: the kind of claim where the plaintiff, as part of the commencement of a criminal proceeding, has been unlawfully and forcibly restrained in violation of the Fourth Amendment and injuries, due to that seizure, follow as the prosecution goes ahead.
So, Whiting can avoid an order of dismissal if he based his claim—whatever he calls it—on some actual unlawful, forcible, restraint of his person.