South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Marvin Lovejoy #267846 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Marvin Lovejoy #267846

vs.

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
05-ALJ-04-00408-IJ

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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