ORDERS:
ORDER
GRIEVANCE NO. KER 0692-05
In
the above-captioned matter, Appellant James McKenith appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to refuse to
process his grievance concerning conditions at the Kershaw Correctional
Institution. Based upon the record presented in this appeal, I find that the
Department’s decision to refuse to process Appellant’s grievance must be
affirmed.
BACKGROUND
In a
Step 1 Inmate Grievance Form, submitted on May 23, 2005, and identified as
grievance number KER 0692-05, Appellant raised a number of general concerns
regarding the conditions at the Kershaw Correctional Institution, including
problems related to over-population, under staffing, and inmate violence, among
other issues. The Department refused to process Appellant’s grievance because,
rather than raising a single, cognizable issue as required by policy, the
grievance mentioned a host of generalized, prison-wide issues that could not be
competently addressed in a single grievance. Appellant now appeals this
refusal to process his grievance 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 refuse to process Appellant’s generalized 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 |
