It was not a Total Victory for Clemson on Friday

CLEMSON — Clemson University won the battle in Friday’s jurisdiction hearing at the Pickens County Courthouse. However, it was not a total sweep for the university.

Judge Perry H. Gravely denied the ACC’s motion to dismiss the case in the state of South Carolina. The judge said Clemson has proven specific jurisdiction and ruled in the university’s favor on abatement, as the case is going to move forward in the state of South Carolina.

However, the ACC did get a win in a hearing that took almost three hours. Gravely dismissed Clemson’s sovereign immunity claim in the lawsuit. Clemson was building off the idea that the arm of a state government, such as itself, cannot be sued in its own state.

“That maybe something that comes up later,” Gravely said during the end of his ruling. “There are counter claims that relate to that, but I believe any opinion of this court would be an advisory and do not believe this court has the jurisdiction for a bases of sovereign immunity outside the borders of this state.”

Sovereign immunity refers to the fact that the government cannot be sued without its consent.

In the United States, sovereign immunity typically applies to the federal government and state government, but not to municipalities. Federal and state governments, however, have the ability to waive their sovereign immunity.

“We are pleased with the dismissal of Clemson’s sovereign immunity claim and are disappointed with the other two rulings. The ACC will continue to focus on protecting the best interests of our membership,” the league released in a statement after the hearing.

Clemson athletic director Graham Neff said after the hearing he had no comment about Friday’s ruling.

–Ken Ruinard / USA TODAY NETWORK

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