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HUEBLE v. DEPT. OF NATURAL RESOURCES

No. 27631.

416 S.C. 220 (2016)

785 S.E.2d 461

William Alvin HUEBLE, Jr., Petitioner, v. SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES and Eric Randall Vaughn, Defendants, Of Whom Eric Randall Vaughn is, Respondent.

Supreme Court of South Carolina.

Decided April 27, 2016.

Attorney(s) appearing for the Case

Gregory P. Harris and Jonathan S. Gasser , both of Harris & Gasser, LLC, of Columbia; and John P. Riordan , of Smith Moore Leatherwood, LLP, of Greenville, all for petitioner.

Thomas E. Hite, Jr. , of Hite & Stone, of Abbeville; James V. McDade , of Doyle Tate & McDade, PA, of Anderson; and Andrew F. Lindemann , of Davidson & Lindemann, PA, of Columbia, all for respondent.

The issue here is whether a plaintiff who obtained a Rule 68, SCRCP, judgment of $5,100 in his favor is a prevailing party within the meaning of the Civil Rights Act, 42 U.S.C. § 1988 (2006), and is therefore entitled to attorneys' fees. For the reasons discussed herein, we hold he is and reverse and remand for further proceedings...

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