Federal judge dismisses class action lawsuit tied to Pawleys Island Christian Academy

Federal judge dismisses class action lawsuit tied to Pawleys Island Christian Academy

GEORGETOWN COUNTY, SC (WMBF) - A federal judge has thrown out a class action lawsuit relating to Pawleys Island Christian Academy.

The lawsuit claimed the academy and Pawleys Island Community Church allowed a convicted, registered sex offender to volunteer on campus, giving him access to children. The case was one of seven civil cases filed after convicted sex offender Warren Perry was arrested in July for violating his probation while volunteering for the church and its Christian academy.

Plaintiffs sued not just the church and academy, but the Southern Baptist Convention and its Executive Committee as well.

SBC sought dismissal

The SBC asked the court to dismiss the case, arguing the court did not have jurisdiction to hear it. In court filings, their lawyers argued three main points.

First, the court does not have the right kind of jurisdiction to hear the case against them. Second, neither group has offices, property, or staff in South Carolina, so the state cannot make them stand trial there. Third, the lawsuit does not accuse the SBC or its Executive Committee of doing anything wrong, and only notes the local church cooperates with the convention.

The filing leans on a core Baptist belief that local churches govern themselves and the convention has no authority over them.

Judge rules on jurisdiction, not abuse allegations

U.S. District Judge Richard Mark Gergel dismissed the only federal lawsuit against Pawleys Island Community Church, saying it did not fall under federal jurisdiction.

The ruling focuses on jurisdiction and money, not the abuse allegations themselves. Plaintiffs brought the case under a federal law that requires class action lawsuits to involve more than $5 million. The judge found the lawsuit never spelled out how it met that threshold. Without that, the court said it has no authority to hear the case at all.

Because of that jurisdictional problem, every defendant- the church, the academy, the Southern Baptist Convention, and others- is dismissed from the lawsuit.

The case was dismissed without prejudice, meaning plaintiffs can still pursue their claims, likely in state court.

Several related lawsuits over the same allegations are already pending in Georgetown County.

Church seeks dismissal of state cases

Pawleys Island Community Church and Christian Academy is asking the state to throw out all six of the lawsuits against it, with religious freedom as a central part of the argument.

In recent court filings, the church denies wrongdoing and raises nearly two dozen legal defenses. One argument states civil courts do not have the authority to weigh in on religious matters, including church governance, discipline, or how a congregation runs. The church says that principle means part or all of the lawsuit should be dismissed.

The filing also leans on South Carolina’s charitable immunity laws, arguing the church qualifies as a charitable organization with limited liability. The church also says plaintiffs have not proven enough facts to support their claims.

The church is asking the court to dismiss the case with prejudice, meaning it could not be refiled. None of the state cases have been dismissed at this time.

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