The South Carolina supreme court has unanimously reversed a controversial decision by a scandal-scarred former circuit court judge – and upheld by the state’s court of appeals – which shielded the Roman Catholic Diocese of Charleston, S.C. from liability in a decades-old sexual abuse case.
The ruling – which could open the floodgates for sexual abuse lawsuits against the church – focuses on the Palmetto State’s interpretation of “charitable immunity,” a provision of British law which arose in the mid-nineteenth century and holds that non-profits are exempt from certain claims against them.
“The question in this case requires us to embark upon some legal time travel in search of the answer,” noted justice Garrison Hill in the unanimous opinion of the court. “We conclude South Carolina has never extended charitable immunity to cover intentional torts. We therefore reverse the decision of the court of appeals and…
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