ORDERS:
ORDER
GRIEVANCE NO. McCI 0264-04
In
the above-captioned matter, Appellant Maurice Lowry 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 June 27, 2004, and July
11, 2004, respectively, and identified as grievance number McCI 0264-04,
Appellant contends that his disciplinary record does not support the
Department’s decision to place him in level two security detention. In
response to Appellant’s grievance, the Department determined that the
Institutional Classification Committee justifiably placed Appellant in security
detention based upon his extensive disciplinary record, which included a
disruption he had recently created in the medical waiting area and five other disciplinary
infractions he had committed within the twelve months preceding his placement
in security detention. Therefore, by a final agency decision dated October 6,
2004, 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 deny Appellant’s grievance was the result of a routine and
good-faith exercise of the Department’s administrative responsibilities that
comports 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 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 |
