PAWLEYS ISLAND (SC)
WPDE - ABC 15 [Conway SC]
October 20, 2026
By Sydney Watson
A federal judge has dismissed a lawsuit against Pawleys Island Community Church, Pawleys Island Christian Academy and several other defendants accused of allowing a registered sex offender to work on a campus where children attended school.
U.S. District Judge Richard Mark Gergel dismissed the proposed class-action lawsuit Sept. 15, finding that the plaintiffs failed to meet the financial requirements needed to bring the case in federal court.
The lawsuit, filed Aug. 4, alleged that the church and school allowed Warren Spencer Perry, a convicted and registered sex offender, to volunteer in a custodial maintenance position that gave him access to children attending the academy.
According to the complaint, church and school officials knew Perry was a registered sex offender but did not tell parents that he was working on campus and had repeated access to students.
The lawsuit was brought by two parents, identified as John Doe and Jane Doe, on behalf of themselves, their minor child and other families whose children attended the academy while Perry was authorized or present to work on the property.
The parents alleged that the situation caused emotional and psychological harm to children, disrupted their sense of safety and created a need to determine whether they suffered additional injuries.
In addition to the church, school and Perry, the lawsuit named the Southern Baptist Convention, its executive committee, former church senior pastor Donald James Williams, Virginia Lee “Ginny” Williams, Jennifer “Niki” Howard and members of the church’s elder board.
The plaintiffs accused the defendants of negligence, negligent hiring and supervision, breach of fiduciary duty, fraudulent misrepresentation and concealment, violations of the South Carolina Unfair Trade Practices Act and reckless infliction of emotional distress.
READ MORE: Lawsuit targets Pawleys Island church over sex offender’s alleged access to kids
The lawsuit also sought to represent families who paid tuition or mandatory enrollment fees while Perry was authorized or present to work on campus.
The Southern Baptist Convention and its executive committee asked the court to dismiss the case, arguing in part that it did not meet the requirements for federal jurisdiction.
Gergel agreed that the plaintiffs had not provided enough information to establish that the lawsuit belonged in federal court.
Under the Class Action Fairness Act of 2005, a proposed class-action lawsuit generally must involve more than $5 million in disputed damages, at least 100 class members and certain differences in citizenship between plaintiffs and defendants to qualify for federal jurisdiction.
In his order, Gergel said the complaint did not include specific damages figures or enough supporting information to show that the amount in controversy exceeded $5 million.
“Even construing the Complaint liberally, the Court cannot reasonably infer that the amount in controversy exceeds five million dollars,” Gergel wrote.
The judge also noted that the plaintiffs had not responded to the Southern Baptist Convention’s motion to dismiss by the Sept. 10 deadline. He considered the motion’s arguments despite the lack of a response.
Because the plaintiffs had not established a basis for federal jurisdiction and their claims arose under state law, Gergel dismissed the case against all defendants without prejudice.
That means the plaintiffs are not barred by the dismissal itself from bringing their claims again in a court with proper jurisdiction.
The ruling did not address whether the allegations against the church, school or other defendants were true. Instead, the judge determined that the lawsuit had not met the legal requirements to proceed in federal court.
