JOHNSON v. CITY OF AIKEN

No. 01-1826.

278 F.3d 333 (2002)

David JOHNSON; Robert W. Johnson, IV, by and through his guardian ad litem, Michelle Johnson; Nicole Wilson, by and through her guardian ad litem, Vicki Woodward; Amanda Vickers, by and through her guardian ad litem, Donna Vickers; David Clarke, Plaintiffs-Appellees, v. CITY OF AIKEN; Truxton Umstead; C.W. Clark, Defendants-Appellants, and J.C. Busbee, individually as Public Safety Officers with the City of Aiken; Rodney Mills; Craig Burgess; H.V. Morrison; Mike Durell; Bob Besley; Karl Odenthal, individually as Public Safety Officers with the City of Aiken; Jody Rowland, individually as a deputy with the Aiken County Sheriff's Department, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 22, 2002.


Attorney(s) appearing for the Case

ARGUED: Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellants. John Christopher Mills, J. Christopher Mills, L.L.C., Columbia, South Carolina, for Appellees. ON BRIEF: David L. Morrison, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellants.

Before WILKINSON, Chief Judge, and WILKINS and LUTTIG, Circuit Judges.


Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Chief Judge WILKINSON and Judge LUTTIG joined.

OPINION

WILKINS, Circuit Judge.

The City of Aiken, South Carolina ("City") and Officers Truxton Umstead and C.W. Clark (collectively, "Appellants") appeal an award of attorneys' fees and costs against Clark and in favor of David Johnson and Amanda Vickers under 42 U.S.C.A. § 1988(b) (West Supp.2001). Because

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