South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Michael Chester, #200907 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Michael Chester, #200907

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
04-ALJ-00172-AP

APPEARANCES:
n/a
 

ORDERS:

FINAL ORDER AND DECISION
Grievance No. BRCI 817-03

I. Statement of the Case

This matter is an appeal by Michael Chester, #200907 (Chester) of a final decision in a non-collateral or administrative matter issued by the South Carolina Department of Corrections (DOC). Thus, appellate review jurisdiction vests in the Administrative Law Court (ALC). Slezak v. South Carolina Department of Corrections, 361 S.C. 327, 605 S.E.2d 506 (2004).

However, for inmate appeals, the nature of the appellate review depends upon the nature of the claim presented. Appeals that do not implicate an inmate's state-created liberty or property interest may be summarily decided. Id.("We hold that the [ALC] has jurisdiction over all properly perfected inmate appeals, but clarify that it may summarily decide those appeals that do not implicate an inmate's state-created liberty or property interest."). On the other hand, appeals that implicate a protected interest are reviewed under the appellate review standards of the Administrative Procedures Act (APA). Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742, 754 (2000) (The ALC conducts an APA review "in an appellate capacity" and is "restricted to reviewing the decision below.").

II. Analysis

Here, Chester presents a claim that amounts to a complaint challenging custody status. When reviewing a DOC custody decision, the Court sits in an appellate capacity. Al-Shabazz, 338 S.C. at 377, 527 S.E.2d at 754. Thus, the review is confined to the record Id. 527 S.E.2d at 750. In making the review, the ALJ must be mindful that a traditional "hands off" approach exists on discretionary decisions resulting from internal prison policies. Al-Shabazz, 338 S.C. at 382, 527 S.E.2d at 757; see also Pruitt v. State, 274 S.C. 565, 266 S.E.2d 779 (1980) (stating the traditional "hands off" approach of South Carolina courts regarding internal prison policy).

However, such a deferential standard of review does not preclude a reversal of the DOC determination. Rather, the ALJ conducts a review of DOC's actions to ensure the inmate grievance is addressed in a fair, reasonable, and efficient manner. Al-Shabazz, 338 S.C. at 383, 527 S.E.2d at 757. Primarily, two potential grounds exist warranting an alteration to a custody classification: due process and arbitrary action

A. Due Process

An inmate does not have a protected liberty interest in his custody status under the Due Process clause of its own force. Slezak v. Evatt, 21 F.3d 590 (4th Cir. 1994). However, a state-created liberty interest can exist in a custody status if the status "imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Sandin v. Conner, 515 U.S. 472, 484 (1995).

Here, Chester has no protected liberty interest as to a custody status since the custody assigned "does not present the type of atypical, significant deprivation in which a State might conceivably create a liberty interest." Sandin, 515 U.S. at 486. Rather, classification of custody status is a common practice within a prison setting. Such is especially so here when an inmate is held in security detention while a crime is being investigated.

B. Arbitrary Decision

However, even if a protected liberty interest is not implicated, our Supreme Court has held that an inmate may challenge a custody status if "prison officials have acted arbitrarily, capriciously, or from personal bias" in determining his custody status. Al-Shabazz, 338 S.C. at 381, 527 S.E.2d at 756 (citing Crowe v. Leeks, 273 S.C. 763, 259 S.E.2d 614 (1979)).

Here, the record shows that DOC has restricted the custody status of Chester by placing him in security detention. The basis for the custody decision is that Chester is under investigation for a criminal violation. Thus, the DOC decision involves a "good faith exercise of the discretionary power of the prison officials in the maintenance of order, discipline, and security among the prison population." Crowe, 273 S.C. at 764, 259 S.E.2d at 615. Therefore, the DOC decision will not be disturbed on appeal.

III. Conclusion

The decision entered below by DOC against Michael Chester, #200907 is AFFIRMED.

AND IT IS SO ORDERED.

____________________________

RAY N. STEVENS

Administrative Law Judge

Dated: January 13, 2005

Columbia, South Carolina


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