South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
James Austin #194714 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
James Austin #194714

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
03-ALJ-04-00479-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER
GRIEVANCE NO. LCI 9018-03

In the above-captioned matter, Appellant James Austin appeals of the decision of Respondent South Carolina Department of Corrections (Department) to deny his grievance concerning his custody status. Based upon the record presented in this appeal, I find that the Department’s decision to deny Appellant’s grievance must be affirmed.

BACKGROUND

In Step 1 and Step 2 Inmate Grievance Forms, submitted on January 1, 2003, and April 9, 2003, respectively, and identified as grievance number LCI 9018-03, Appellant challenges his placement in security detention in connection with his disciplinary conviction for rioting in December 2002. In particular, Appellant contends prison officials at the Lee Correctional Institution failed to hold a hearing on his custody status within the time prescribed under Department policy. In response to Appellant’s grievance, the Department determined that Appellant’s placement in security detention was appropriate given his disciplinary conviction for rioting and other disciplinary problems. Therefore, by a final agency decision dated April 22, 2003, the Department denied Appellant’s grievance. Appellant now appeals that denial before this Court.

DISCUSSION

This appeal is before this Court pursuant to Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), Sullivan v. South Carolina Department of Corrections, 355 S.C. 437, 586 S.E.2d 124 (2003), and Slezak v. South Carolina Department of Corrections, 361 S.C. 327, 605 S.E.2d 506 (2004). Having fully considered the documents filed by Appellant and the Department and having closely reviewed the record in this matter, I find that the Department’s decision to place Appellant in security detention was the result of a routine and good-faith exercise of the Department’s administrative responsibilities that conforms with state law and is supported by sufficient evidence in the record. Further, there is nothing in the record to suggest that the Department’s decision was arbitrary, capricious, or the result of personal bias or prejudice. Accordingly, the Department’s decision to deny Appellant’s grievance in this matter should be affirmed.

ORDER

For the reasons set forth above,

IT IS HEREBY ORDERED that the Department’s decision to deny Appellant’s grievance is AFFIRMED.

AND IT IS SO ORDERED.

 

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667

 

June 13, 2005

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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