CHARLESTON, SC (WCSC) - The attorney of one of the first-known victims alleged in the Marvin Gethers case is asking the courts to make CCSD settle the case as promised, according to a new court filing in Charleston County today.
Marvin Gethers worked in the counseling office at Dunston Elementary in North Charleston when he was caught with child pornography on his school laptop.
As our year-long investigation revealed, the Charleston County School District allowed the parent advocate continue working at the school while the police investigated from 2014 to 2016.
In 2016, Gethers was charged with possession of child pornography and with molesting two students.
One of those two students is the victim referenced in Tuesday’s filing which asks the courts to make CCSD to pay a settlement they offered earlier this year.
The boy’s attorney, John Sinclaire III, said Young Clement Rivers Law firm represented CCSD in the matter and agreed to settle with this victim for $300,000 this past January.
Sinclaire said CCSD and its attorneys withdrew the settlement offer on January 16th. That was around the same time several other alleged victims were coming forward in the case.
He is now asking the judge for a declaratory judgement for the victim, requesting the courts enforce CCSD’s settlement offer they all agreed to.
The State’s Torts Claims Act caps the amount allows an individual can recover in damages when suing a state entity at $300,000. It caps the total damages for all victims related to a single occurrence at $600,000.
“These liability caps remain in place no matter how many claimants are involved,” explains the Muncipal Association of South Carolina.
So all victims in this case may be capped at $600,000 in damages total. However, attorney Mark Peper, representing another victim accusing the district of negligence in the Gethers case, plans to question what the definition of “occurrence” means. That lawsuit it still pending.