ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is before the Administrative Law Judge Division ("Division") pursuant to Appellant's Notice of Appeal. In this case,
Appellant asserted that an officer assaulted him by brandishing a knife in a threatening manner. Appellant requested a formal written
apology from the officer. Respondent refused Appellant's request, explaining corrective action was taken concerning the incident that
occurred with the officer and the officer no longer worked for Respondent.
Respondent filed a Motion to Dismiss on August 7, 2000. Respondent asserts Appellant's claim does not amount to a substantial
grievance.
The right of appeal is accorded only to an aggrieved party. Wilson v. Southern Ry., Carolina Div., 123 S.C. 399, 115 S.E. 764
(1923). An aggrieved party is a person who is aggrieved by a judgment when it operates on his rights of property or bears directly
upon his interest. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d 150 (1970). The word "aggrieved" refers to a substantial grievance such
as the denial of the party's personal or property right or the imposition on the party of a burden or obligation. Id.
In this case, Respondent's refusal to require the officer to issue a formal written apology is not a denial of Appellant's personal or
property rights or the imposition on Appellant of a burden or obligation. Appellant, therefore, is not aggrieved so as to permit this
matter to go forward.
Based on the decision that Appellant is not substantially aggrieved, I will not address Respondent's additional argument that
Appellant's claim is moot because the officer no longer works at the institution.
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed with prejudice.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
August 15, 2000
Columbia, South Carolina
APPEAL RIGHTS
You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition for judicial review in circuit
court and serving such petition on opposing parties within thirty (30) days after receipt of this order. S.C. Code Ann. § 1-23-610
(Supp. 1999). The petition may be filed in any circuit court as long as the chosen forum is neither arbitrary nor unreasonable, and
provided that no statute controls venue in a particular type of case. The review of the administrative law judge's order must be
confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or
modify the decision if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is: (a) in
violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful
procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence on the
whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. |