ORDERS:
ORDER GRANTING DISMISSAL
Grievance No. 184-00 UY
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Darrell Copeland (Copeland) for lack of jurisdiction
. After reviewing the arguments, the motion to dismiss is granted.
II. Analysis
Pursuant to and as limited by Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), an inmate is entitled to a modified
contested case hearing before a DOC employee when the inmate "challenges a disciplinary outcome, calculation of sentence-related
credits, custody status, or other condition of imprisonment." Al-Shabazz v. State at 338 S.C. at 375 and 376. Al-Shabazz further
explained that an ALJD appellate review is available for inmates dissatisfied with the outcome of the modified contested case
hearing. Al-Shabazz v. State at 338 S.C. at 376 - 377. Therefore, an ALJD appellate review is available to inmates who claim the
DOC decision incorrectly decided a disciplinary outcome, a calculation of sentence-related credits, a custody status, or a condition of
imprisonment.
Here, this appeal does not challenge a disciplinary outcome, a calculation of sentence-related credits, a custody status, or a condition
of imprisonment. Rather, this grievance is merely collateral support for an existing grievance already on appeal. The collateral
support argued here is that Copeland believes he was wrongly disciplined on a prior occasion (which prior occasion is being appealed
in another grievance) since on subsequent occasions, other inmates have been given only a warning for the same activity for which
he was given discipline. An inmate cannot bolster an existing case by attempting to file what is merely a "separate grievance" in
appearance only. Such a tactic does not present an appealable claim under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000).
III. Order
The Motion to Dismiss is GRANTED and this case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 30, 2001
Columbia, South Carolina |