Constitutional – Civil Rights – Wrongful Conviction – No Civil Remedy – First Impression – Motion to Dismiss

In a matter of first impression, we will not create an implied cause of action for wrongful conviction in South Carolina because it is not for this court to create such an action when the legislature has specifically declined to do so. Considering that the South Carolina Constitution does not provide for monetary damages for civil rights violations and the legislature has not enacted an enabling statute, the circuit court properly dismissed plaintiff’s claim of wrongful conviction.

We affirm the circuit court’s dismissal of plaintiff’s complaint.

Where defendants’ motion to dismiss did not raise any factual issues and instead concerned only the interpretation of the law, the circuit court did not err in dismissing the case pursuant to Rule 12(b)(6), SCRCP, in spite of the claim raising a novel issue.

Plaintiff’s claim under the Takings Clauses of the state and federal constitutions attempts to equate the prohibition against governmental takings of property without just compensation to wrongful imprisonment. However, plaintiff fails to cite any statutory or case law to demonstrate that he has a legally protected property interest. Furthermore, plaintiff concedes that no state supreme court throughout the nation has found a civil remedy for wrongful imprisonment exists under the Takings Clause of any state constitution or the U.S. Constitution. Because plaintiff fails to provide any supporting law for his claim, we also affirm the circuit court’s finding on this issue.

Affirmed.

Palmer v. State (Lawyers Weekly No. 011-038-19, 8 pp.) (Aphrodite Konduros, J.) Appealed from the Circuit Court in Horry County (Benjamin Culbertson, J.) Gene McCain Connell and Roger Dale Johnson for appellant; Alan McCrory Wilson, Robert Cook, J. Emory Smith, Andrew Lindemann and Lisa Arlene Thomas for respondent. S.C. App.