South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Kevin Brown, #229990 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Kevin Brown, #229990

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00678-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER
GRIEVANCE NO.: ACI 234-01

In the above-captioned matter, Appellant appeals the decision of Respondent South Carolina Department of Corrections (Department) to deny his grievance concerning his February 26, 2001 disciplinary conviction for Refusing or Failing to Obey an Order [Section 2.17], thereby violating SCDC Inmate Disciplinary System Policy OP-22.14. Based upon the record presented in this appeal, I find that the Department’s decision to deny Appellant’s grievance must be affirmed.

BACKGROUND

Appellant contends that his disciplinary conviction should be overturned because his conviction was not supported by the evidence. In response to Appellant’s grievance, the Department determined that the evidence presented at the disciplinary hearing sufficiently supported his convictions; that the hearing was conducted in compliance with procedural requirements; and that the punishment imposed—loss of Phone Privileges for 20 days and failed to earn 20 days of Good Time Credits for the month of August—was appropriate for the offense. Therefore, by a final agency decision dated April 12, 2001, 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 Appellant’s disciplinary conviction and the sanctions imposed upon him as a consequence of that conviction were the result of a routine and good-faith exercise of the Department’s administrative responsibilities that is sufficiently supported by the 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.

______________________________

Carolyn C. Matthews

Administrative Law Judge

January 31, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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