Hueble v. South Carolina Department of Natural Resources

Justice KITTREDGE:

I respectfully dissent. Even if I were to accept the majority’s premise that “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,”9 I would nonetheless find no abuse of discretion in the trial court’s denial of Petitioner’s request for attorney’s fees. Section 1988(b) provides that “the court, in its discretion, may allow the prevailing party ... a reasonable attorney’s fee as part of the costs.” The language of the statute speaks to a prevailing party’s eligibility for…