Sanders Countersues Galyean Over Accusations
Greg Wilson/Anderson Observer
S.C. Representative-Elect Blake Sanders, R-Dist. 9, has filed a countersuit against James Galyean, claiming that under SC Code § 15-36-10, also referred to as the South Carolina Frivolous Civil Proceeding Sanctions Act, “as this action is non-meritorious and Sanders seeks sanctions, including attorney’s fees and other relief the statute provides for and the court deems proper, at the appropriate juncture of this action.”
During the campaign, Galyean filed this lawsuit claiming defamation stemming from a text message that indicated Galyean was under ethics investigation and owed $1 million in unpaid loans. Sanders’ attorney Kyle White, in the filing said that the statements were based on an article in The State newspaper “and lawsuit in the public record providing that Galyean and his company owe $1 million to Erskine College.”
The filing states:
“Galyean engaged in a willful and/or overt act in filing the lawsuit, which is improper because it is aimed at an illegitimate collateral objective - - silencing critics, gaining an advantage in the political race with Sanders, and causing Sanders to incur attorney’s fees. As a result of Galyean’s conduct, Sanders is incurring the exact harm Galyean admittedly sought by bringing suit (although he still did not win the election for the Republican nomination). As a proximate result of Galyean’s abuse of process, Sanders has suffered harm in the form of actual damages and noneconomic damages in an amount to be determined by a jury, and Sanders seeks all damages available to him under South Carolina law.”
White said due to pending litigation, the filing represents their only comment at this time.
James Galyean, CEO at Icelaven Development Group and former candidate in the recent race for South Carolina House Dist. 9, has filed lawsuits against S.C. House Dist. 9 Representative-Elect Blake Sanders, R-Anderson, and two others alleging slander and libel during the election cycle.
His lawsuit against Sanders involves campaign literature which referenced a newspaper article from The State newspaper. In May, that newspaper reported that Erskine College was suing Icelaven
Development Group for “for breach of contract in hopes of recouping the loan, plus interest” concerning a $1 million loan for the Charter Institute at Erskine, which oversees more than two dozen charter schools.
According to The State: “Icelaven is the parent company of Reason & Republic, a for-profit charter school management organization founded by James Galyean that, until recently, operated three charter schools authorized by the Charter Institute.”
Galyean, in his June summons, wrote: “Defendant (Sanders) statements as alleged herein are false and defamatory per se. Defendant made these statements with actual and implied malice. Defendant made these statements with knowledge of their falsity, or reckless disregard for their truth, for the purpose of injuring Galyean.”
Galyean’s two other lawsuits are against Matt Floyd and John McClain have gone unanswered.