South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

John Wilson, #066874 vs. SCDOC

South Carolina Department of Corrections

John Wilson, #066874

South Carolina Department of Corrections



Order of Dismissal
Grievance No. ECI-1038-04

This matter is before the South Carolina Administrative Law Court (ALC or Court) pursuant to the letter filed by Appellant (Inmate) above named, who is incarcerated with the South Carolina Department of Corrections (SCDC).

Inmates Step 1 Grievance under “ACTION REQUESTED” seeks criminal charges against certain staff members for crimes they allegedly committed against him. The Grievance was sent to the central office for review. There was no good time lost by the inmate nor was there any other allegations that involved a liberty or property interest.

This is clearly a case in which this Court must adhere to the traditional “hands off” doctrine regarding judicial involvement in prison disciplinary procedure and other internal prison matters. See Pruitt v. State, 274 S.C. 565, 266 S.E. 2d 779 (1980) and Al-Shabazz v. State, 338 S.C. 354, 527 S.E. 2d 742 (2000).

Moreover, the issues raised in the notice of appeal were not raised in the Step 1 Grievance. It is well settled that an issue cannot be raised for the first time on appeal but must have been raised and ruled upon by the trial court to be preserved for appellate review. Ellie, Inc. v Miccichi, 358 S.C. 78, 594 SE2d 486 (2004). Thus, this matter should be dismissed on that ground.

Under Slezak v. S.C. Department of Corrections, 361 S.C. 327, 605 S.E. 2d 506, (2004) the Administrative Law Court is to have jurisdiction of all properly perfected inmate appeals but “Summary dismissal may be appropriate where the inmate’s grievance does not implicate a state created liberty or property interest.” Such is the case here.

THEREFORE IT IS ORDERED for the reasons set forth above, the decision of Respondent as set forth in the Step 2 Grievance form is AFFIRMED and this appeal DISMISSED WITH PREJUDICE.



John D. McLeod

Administrative Law Judge

April 10, 2006

Columbia, South Carolina

Brown Bldg.






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