South Carolina Supreme Court to Hear Sexual Abuse Case from the Catholic Diocese of Charleston

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ToggleSouth Carolina Supreme Court to Hear Sexual Abuse Case from the Catholic Diocese of Charleston
Charleston, S.C. (CC News Network) — A decades-old legal doctrine is at the center of a case being reviewed by the South Carolina Supreme Court, which could set a significant precedent for survivors of abuse seeking justice against institutions. The case, 2023-001491, involves allegations that the Catholic Diocese of Charleston concealed sexual abuse by two teachers at Sacred Heart Catholic School in the late 1960s and early 1970s.
The lawsuit, originally filed on August 8, 2018, alleges that John Doe, the petitioner, was sexually abused by Hal Brooks and Chris Hartnett, two teachers employed at Sacred Heart Catholic School (now Charleston Catholic School), between 1969 and 1971. Doe claims the abuse, which began when he was between 12 and 14 years old, caused severe psychological damage and that the diocese was aware of the teachers’ “sexually deviant propensities” but chose to conceal them.
Representing Doe are attorneys James B. Richardson, Jr., of Columbia; Lawrence E. Richter, Jr., of the Richter Firm, LLC, of Charleston; and David K. Haller, of Haller Law Firm in Charleston. The Catholic Diocese of Charleston and its bishop are represented by Richard S. Dukes, Jr., of Charleston, and R. Hawthorne Barrett, of Columbia, both of Turner Padget Graham and Laney, P.A.
Legal Focus: Charitable Immunity Doctrine
The Supreme Court has granted certiorari to address a key legal question: whether the doctrine of charitable immunity, in effect during 1969-1970, shields the diocese from liability for the intentional torts of its agents. The doctrine, which was repealed by the state’s highest court in 1981, had historically protected charitable organizations from civil lawsuits, even in cases of alleged abuse or misconduct.
When the Supreme Court grants certiorari (pronounced “sur-shee-oh-rare-ee”), it means the court has agreed to review a lower court’s decision in a particular case. This does not mean the Supreme Court has decided the outcome of the case—it only indicates that the court finds the legal issues presented important enough to warrant its attention.
The term “certiorari” comes from Latin, meaning “to be informed of.” It’s a procedural mechanism used by higher courts to call up a case from a lower court.
The Catholic Diocese argues that because the alleged abuse occurred before the repeal of the doctrine, it remains protected under the law as it existed at the time. Attorneys for John Doe contend that the repeal should allow survivors of abuse to pursue damages against institutions, regardless of when the misconduct occurred.
The court’s decision will have far-reaching implications, not just for this case but for other lawsuits involving institutions accused of shielding abusers under the guise of charitable immunity.
Historical Context and Broader Implications
This case is one of many abuse allegations involving the Diocese of Charleston. Similar lawsuits have surfaced over the years, including accusations against Edward Fischer, a teacher at Sacred Heart Catholic School in the late 1950s, and Rev. Robert Spangenberg, a former pastor at St. Patrick’s Catholic Church in Charleston. More recently, in 2017, Charleston Police arrested Freddy Washington on charges of child sex abuse stemming from his time as a volunteer at St. Patrick’s in the early 1980s.
The court’s review of this case has reignited debate over South Carolina’s legal framework for addressing institutional accountability. While the charitable immunity doctrine provided protections for charitable organizations for decades, its repeal in 1981 reflected growing concerns about shielding institutions from the consequences of misconduct. Critics argue that applying the doctrine retroactively undermines survivors’ ability to seek justice.
In South Carolina, the doctrine of charitable immunity historically protected charitable organizations from liability for torts committed by their agents. This doctrine was abolished by the South Carolina Supreme Court in the 1981 case Fitzer v. Greater Greenville South Carolina Young Men’s Christian Association, where the court held that “a charitable institution is subject to liability for its tortious conduct the same as other persons or corporations.”

However, the court’s decision to abolish charitable immunity was applied prospectively, meaning it did not affect cases where the alleged tortious conduct occurred before the 1981 ruling. In Hupman v. Erskine College (1984), the court clarified that the abrogation of charitable immunity would not be applied retroactively to incidents that occurred prior to the Fitzer decision.
Therefore, in cases where alleged abuse occurred between 1969 and 1970, the doctrine of charitable immunity may still apply, potentially shielding the charitable organization from liability for the intentional torts of its agents during that period. The South Carolina Supreme Court has consistently held that changes to the doctrine of charitable immunity are to be applied prospectively, thereby not affecting cases predating the abolition of the doctrine.
In summary, under South Carolina law, the doctrine of charitable immunity was in effect during 1969-1970 and may shield the diocese from liability for the intentional torts of its agents during that time. The 1981 abolition of the doctrine does not apply retroactively to incidents that occurred before the court’s decision.
What’s Next?
The Supreme Court’s decision could shape the future of institutional accountability in South Carolina, particularly in cases of historical abuse. Survivors and advocates are closely watching the case, hoping for a ruling that prioritizes justice and transparency over outdated legal protections.
As the legal battle continues, the case underscores the broader societal need for mechanisms that hold organizations accountable for protecting those in their care, regardless of when the abuse occurred.
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