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WILLIAMS v. CONDON

No. 3392.

347 S.C. 227 (2001)

553 S.E.2d 496

Tim WILLIAMS, Appellant, v. Charles M. CONDON, individually and as Attorney General of South Carolina, W. Barney Giese, individually and as Solicitor of the Fifth Judicial Circuit of South Carolina, Douglas A. Churdar, and Robert Cook, Defendants, of whom Charles M. Condon, individually and as Attorney General of South Carolina and W. Barney Giese, individually and as Solicitor of the Fifth Judicial Circuit of South Carolina are, Respondents.

Court of Appeals of South Carolina.

Decided October 1, 2001.

Attorney(s) appearing for the Case

Francis T. Draine, of Columbia, for appellant.

Vinton D. Lide, of Lexington; and J. Emory Smith, Jr., of Columbia, for respondents.

ANDERSON, J.:

Tim Williams sued Charles M. Condon and W. Barney Giese, individually and in their official capacities, seeking damages resulting from their alleged violations of 42 U.S.C.A. § 1983 and common law tortious conduct. Condon is the Attorney General of South Carolina. Giese is the Solicitor of the Fifth Judicial Circuit. Condon and Giese, asserting their immunity as prosecutors, moved pursuant to Rule 12(b)(6) for dismissal of Williams' action. The...

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