ORDERS:
ORDER
GRIEVANCE NO. MCI 0269-04
In
the above-captioned matter, Appellant Marvin Lovejoy appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning his medical 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 September 17, 2004, and
November 29, 2004, respectively, and identified as grievance number MCI 0269-04,
Appellant contends that he is receiving inadequate medical care from the
Department. In particular, he believes that the Department should provide him
with surgery or other treatment to relieve a painful knee condition. After
investigating Appellant’s grievance, the Department determined that Appellant
has received appropriate medical care, as he has been seen by an orthopedist
several times, is being treated based upon the recommendations made by the
orthopedist, and is scheduled for follow-up visits with the orthopedist. Therefore,
by a final agency decision dated March 25, 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 |