ORDERS:
ORDER
GRIEVANCE NO. McCI 0362-04
In
the above-captioned matter, Appellant Timothy Hightower 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 August 24, 2004, and
September 7, 2004, respectively, and identified as grievance number McCI
0362-04, Appellant requested that he be released from security detention and
returned to the general prison population under close-custody status. In
response to Appellant’s grievance, the Department determined that Appellant was
properly assigned to security detention because of his criminal record, which
includes convictions for two murders, one of which occurred while he was
incarcerated, and because of his continued failure to comply with Department
grooming policies. Therefore, by a final agency decision dated October 27,
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 place Appellant in security detention 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 |
