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 |
