ORDERS:
ORDER
GRIEVANCE NO. McCI 0372-04
The
above-captioned case was originally assigned to another administrative law
judge on March 9, 2005, and was reassigned to the undersigned on January 13,
2006, for adjudication. In this matter, Appellant Heyward Rogers appeals of
the decision of Respondent South Carolina Department of Corrections
(Department) to deny his grievance concerning tampering with 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 August 30, 2004, and
September 30, 2004, respectively, and identified as grievance number McCI
0372-04, Appellant contends that mailroom personnel at the McCormick
Correctional Institution are tampering with his legal mail. In investigating Appellant’s
grievance, the Department found no evidence to support Appellant’s contention
that his legal mail was being tampered with or that his ability to send legal
mail was otherwise interfered with. Therefore, by a final agency decision
dated February 2, 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
June 20, 2006
Columbia, South Carolina |
