The South Carolina Supreme Court has reversed a lower court's decision to certify a class of inmates who alleged they were sexually assaulted while in custody. This ruling affects thousands of inmates who claim negligence by the South Carolina Department of Corrections (SCDC) and the South Carolina Department of Juvenile Justice (SCDJJ). The court's decision emphasizes the challenges of managing such a large class action and the need for individual assessments in cases of sexual assault.
The case, Calvin Henson v. SCDC, was filed in 2025 by inmates Calvin Henson, Daniel James Collins, Jason Robinson, and Russell Taylor. They claimed that SCDC and SCDJJ failed to protect them from sexual assaults due to negligence in enforcing policies and providing adequate staffing. The plaintiffs sought to represent a class of inmates who experienced similar assaults from 2012 to the present, potentially including thousands of individuals.
The lower court initially certified two classes of inmates, one for those in the custody of SCDC and another for those under SCDJJ, who were victims of nonconsensual sexual battery. The plaintiffs argued that common issues of fact and law predominated, making a class action appropriate. However, the SCDC and SCDJJ appealed the certification, claiming it was unmanageable and would lead to numerous mini-trials to determine class membership.
The South Carolina Supreme Court ruled on July 22, 2026, stating that the circuit court's certification order was reversed and the case was remanded for individual trials for each named plaintiff. The court emphasized that the certification of such a large class would overwhelm the judicial system and that individual determinations were necessary for each case of alleged sexual assault. The ruling highlighted the difficulties in proving negligence and proximate cause on a class-wide basis.
Justice Few, writing for the court, noted, "The task would—to put it mildly—overwhelm the court." The court stated that each potential class member's claim would require separate factual findings, making the class action unmanageable. This ruling sets a significant precedent regarding class actions in South Carolina, particularly in cases involving allegations of sexual assault.
The impact of this ruling is substantial. It means that inmates who believe they were victims of sexual assault will need to pursue their claims individually rather than as a part of a larger class. This could lead to a longer and more complex legal process for these individuals, who may face challenges in proving their cases without the support of a class action. The court's decision also underscores the importance of efficiency and manageability in class action litigation, which may influence future cases.
Looking ahead, the decision can be appealed, but it is unclear if the parties will pursue that route. The ruling may also set a precedent for how similar cases are handled in the future, particularly regarding the requirements for class certification under South Carolina law. As the legal landscape evolves, this case will likely be referenced in discussions about the rights of inmates and the responsibilities of correctional institutions.