ORDERS:
ORDER
GRIEVANCE NO. PCI 0142-05
In
the above-captioned matter, Appellant Anthony Mann appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning the handling of his legal mail. 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 January 31, 2005, and March
16, 2005, respectively, and identified as grievance number PCI 0142-05,
Appellant contends that Department staff at the Perry Correctional Institution
mishandled mail he was attempting to send out of the institution as “legal
mail.” After investigating Appellant’s grievance, the Department found that
Appellant had attempted to send personal mail out of the institution as “legal
mail” and that the Department’s opening and inspection of that mail was
appropriate. Therefore, by a final agency decision dated April 7, 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 |
