819 S.E.2d 147
S.C. Ct. App.2018Background
- Leisel Paradis, a teacher at James Island Charter High School, was placed on a two-year remediation evaluation (SAFE-T/ADEPT) after alleged deficiencies and was ultimately terminated after failing evaluations.
- Paradis sued Charleston County School District, JICHS, Principal Robert Bohnstengel, and Assistant Principal Stephanie Spann for defamation and civil conspiracy; defendants moved to dismiss under Rule 12(b)(6).
- The circuit court dismissed both claims, finding sovereign immunity under the South Carolina Tort Claims Act (SCTCA) barred the defamation claim based on discretionary personnel evaluations, the statute of limitations also applied, and Paradis failed to plead defamation facts with required specificity.
- The circuit court dismissed the civil conspiracy claim for failure to plead special damages with particularity and because the alleged acts were within the defendants’ scope of employment.
- Paradis sought leave to amend; the court declined because she did not present proposed amendments to show how defects could be cured.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defamation claim survives given SCTCA sovereign immunity | Paradis argued placement on and continuation of the evaluation, termination, and related publications to co-workers amounted to defamatory acts harming her professional reputation | Respondents argued their evaluation and termination decisions were discretionary acts shielded by SCTCA immunity; defamation claim also time-barred and insufficiently pleaded | Dismissed: evaluation decisions are discretionary acts under SCTCA; sovereign immunity bars claim; pleadings also fail to state actionable defamation |
| Whether Paradis pleaded actionable defamatory statements (elements and particularity) | Paradis contended administrators made false statements that she could not teach/manage classroom and that being on SAFE-T was publicly known and defamatory | Respondents argued complaint lacked who said what to whom and thus failed under SC pleading standards | Dismissed: complaint alleges only conclusions without identifying speakers, statements, recipients, or extrinsic facts; fails 12(b)(6) pleading standard |
| Whether civil conspiracy claim plausibly pleaded and supported special damages | Paradis alleged Bohnstengel and Spann conspired to ostracize/blacklist her, causing special damages and legal fees | Respondents argued claim rehashed reputational harm (general damages) and did not plead specific special damages or acts in furtherance beyond employment actions | Dismissed: conspiracy claim fails for lack of specifically pleaded special damages and actions beyond scope of employment |
| Whether leave to amend should be allowed | Paradis requested opportunity to amend to cure defects | Respondents opposed; trial court found no proposed amendments presented | Denied: appellate court declined to remand or allow amendment because Paradis did not present proposed changes to show cure |
Key Cases Cited
- Plyler v. Burns, 373 S.C. 637 (appellate standard for Rule 12(b)(6) dismissal)
- McBride v. School Dist. of Greenville Cty., 389 S.C. 546 (defamation elements and per se/per quod discussion)
- Erickson v. Jones St. Publishers, LLC, 368 S.C. 444 (requirement to plead extrinsic facts for defamation per quod)
- Hackworth v. Greywood at Hammett, LLC, 385 S.C. 110 (elements of civil conspiracy and special damages requirement)
- Proctor v. Dep't of Health & Envtl. Ctrl., 368 S.C. 279 (SCTCA as exclusive remedy against governmental entities)
- Gaskins v. S. Farm Bureau Cas. Ins., 343 S.C. 666 (South Carolina pleading standard under Rule 12(b)(6))
- Spence v. Spence, 368 S.C. 106 (amendment after dismissal guidance)