ORDERS:
ORDER
GRIEVANCE NO. KCI 0222-04
In
the above-captioned matter, Appellant Paul Parnell appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning his visitation privileges. 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 September 23, 2004, and December
29, 2004, respectively, and identified as grievance number KCI 0222-04,
Appellant contends that the Department has unduly prolonged the suspension of
his visitation privileges. In response to Appellant’s grievance, the
Department found that Appellant’s initial two-year suspension of his visitation
privileges had been extended as a result of several subsequent additional
disciplinary convictions, including four major disciplinary convictions. Therefore,
by a final agency decision dated April 4, 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 |