Charitable Immunity in South Carolina Catholic Diocese Case Under Review
The Supreme Court in South Carolina is currently examining whether the Catholic Diocese of Charleston should be granted immunity from damages related to allegations of sexual abuse dating back to the 1970s. An anonymous plaintiff claims the diocese concealed abuse by teachers at Sacred Heart Catholic School.
The lawsuit, initiated in 2018 by the man identified as “John Doe,” accuses the diocese and a local bishop of covering up sexual misconduct by two educators. The victim reports abuse occurring in 1970 at the Charleston-based school.
The defense posits that the diocese should be exempt due to charitable immunity, a legal doctrine shielding organizations from liability for the actions of their employees. Though previously backed by a state appeals court, the South Carolina Supreme Court revisited this issue this past Tuesday, as reported by WBTW-TV.
The doctrine of charitable immunity was repealed in South Carolina’s 1981 Fitzer v. Greater Greenville YMCA case, but the current allegations predate this ruling. Richard Dukes, representing the diocese, emphasized the longstanding tradition of granting immunity to charities in the state, referencing the case Caughman vs. Columbia YMCA.
On the plaintiff’s side, the legal team argues for compensation due to the alleged abusers being deceased, according to coverage by The Post and Courier. They accuse the diocese of negligence, emotional distress, and other violations, including a breach of fiduciary duty and fraudulent concealment.
The plaintiff’s attorney, John Richardson, stated, “The allegations here are that the diocese is liable for what the diocese has done. We don’t need to breach the question of whether they could be liable for the potential for what somebody has done.”
As the Catholic Diocese of Charleston did not comment on the matter, other dioceses face similar challenges. The Roman Catholic Diocese of Rockville Centre in New York recently settled for $323 million with abuse survivors, marking New York’s largest such settlement. Their spokesperson reflected, “Victim survivors of child abuse deserve our respect, our prayers, and our pastoral support.”
In a related note, California’s Roman Catholic Dioceses of Sacramento and Fresno have announced bankruptcy filings due to the financial burden of numerous abuse lawsuits.
This article was originally written by www.christianpost.com
