South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Daniel Jones #130817 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Daniel Jones #130817

vs.

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
05-ALJ-04-00218-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER
GRIEVANCE NO. McCI 0371-04

In the above-captioned matter, Appellant Daniel Jones appeals of the decision of Respondent South Carolina Department of Corrections (Department) to deny his grievance concerning his dental care. 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 30, 2004, and October 18, 2004, respectively, and identified as grievance number McCI 0371-04, Appellant contends that he received inadequate dental care from the Department. In particular, he alleges that, at his last cleaning, the dentist failed to clean his “front back teeth.” After investigating Appellant’s grievance, the Department was unable to substantiate Appellant’s claims that his teeth were cleaned inadequately. Therefore, by a final agency decision dated February 11, 2005, 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 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

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

January 19, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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