ORDERS:
ORDER
GRIEVANCE NO. ACI 0015-05
In
the above-captioned matter, Appellant Eric Albany appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning the cancellation of his organizational meeting on
Christmas Day. 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 7, 2005, and February
22, 2005, respectively, and identified as grievance number ACI 0015-05,
Appellant contends that officials at the Allendale Correctional Institution
improperly canceled a meeting of his religious organization on Christmas Day. In
response to Appellant’s grievance, the Department found that officials at Allendale
had not specifically canceled Appellant’s religious services, but had simply
restricted all movement on Christmas except for visitation, which led to the
cancellation of all organizational meetings scheduled for the day, including
religious services. Therefore, by a final agency decision dated August 8, 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 |
