Civil conspiracy claims no longer require special damages in South Carolina

In South Carolina, a civil conspiracy arises when “there is (1) a combination of two or more persons, (2) for the purpose of injuring the plaintiff, (3) which causes the plaintiff special damage.” For years, the state has been an outlier in requiring an individual who files a civil conspiracy claim to prove “special damages.” That is, it hasn’t been enough to simply restate damages from other claims alleged in the lawsuit. The South Carolina Supreme Court has now decided special damages are no longer required.

Background

Leisel Paradis filed a civil conspiracy claim against the Charleston County School District, but the circuit court dismissed it for failing to plead special damages. The dismissal was upheld by the court of appeals.

The supreme court granted a petition for a writ of certiorari (a review of the appellate court decision) to consider the narrow question of whether South Carolina's requirement of proving special damages should be abolished. The court concluded it should be nixed.

South Carolina was the only state with a special damages requirement as an element, and the supreme court found it resulted from a misinterpretation of the law. The court overruled the precedent and returned to the traditional definition of “civil conspiracy” in the state.