DENMARK, S.C.  – A motion filed on behalf of Bamberg County School District 2 Trustee Ann Causby in the Bamberg County Court of Common Pleas seeks to drop a lawsuit alleging the district’s violation of the Freedom of Information Act.

J. Lewis Cromer of Columbia and Bruce E. Davis of Mount Pleasant, the attorneys representing Causby, filed the motion on Sept. 22. The motion stated that the plaintiff moves for “... an order striking this matter from the active docket with leave to restore because of the health of the plaintiff.”

“We have withdrawn the state action to pursue the lawsuit filed in U.S. District Court against the school district superintendent (Dr. Secaida Howell) and the chairman of the board of trustees (Alvin Maynor),” Cromer said. “This was done because the situation regarding Mrs. Causby’s health has been precarious. We will be using all of our resources to keep that lawsuit going in federal court. Although there is a remote outside possibility that we could seek to restore the FOIA action at some future time, our intent now is to focus solely on the federal lawsuit.”

The federal lawsuit filed on Causby’s behalf on July 20, 2007, against Maynor and Howell was for violation of First Amendment rights, section 1983, and for assault and civil conspiracy. In the action, Causby alleges that on June 11, 2007,

Maynor, “in a rude and angry manner,” approached her in a “threatening and intimidating” way and “in loud and violent language threatened and berated her, causing her to be in great fear of her life and safety, causing her to leave the meeting and to not return.”

Cromer and Davis filed a lawsuit on July 26, 2007, in the South Carolina Court of Common Pleas on Causby’s behalf, claiming violations of the South Carolina Freedom of Information Act.

Beginning in December 2006, Causby alleges that she repeatedly attempted to obtain “key financial information needed for budgeting and financial oversight purposes and the prevention of fraud and mismanagement.” Causby also alleged the information she sought was withheld by Howell and others, including Maynor.

Causby’s original FOIA lawsuit had named Howell, Maynor and the school district’s attorney, Charles Boykin, in their individual capacities. However, in a hearing held Jan. 10 at the Bamberg County Courthouse, the Court of Common Pleas ruled that the South Carolina Freedom of Information Act does not support a cause of action against persons in their individual capacity. As a result, all three were released from the lawsuit, leaving the school district as the sole defendant in that action.

In an e-mailed statement, Howell said, “I find it absolutely puzzling that Mrs. Causby is dropping the Freedom of Information lawsuit against the district because of her health but is continuing to pursue another ongoing lawsuit against the district at the same time. This is absolutely puzzling!”

Causby was out of state and unavailable for comment.

T&D Staff Writer Phil Sarata can be reached by e-mail at psarata@timesanddemocrat.com or by phone at 803-533-5540.

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