ORDERS:
ORDER
GRIEVANCE NO. CGGCI 0201-05
In
the above-captioned matter, Appellant Debra Summerford appeals of the decision
of Respondent South Carolina Department of Corrections (Department) to deny her
grievance concerning her request for a new bed to address her back pain. 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 September 9, 2005, and October
28, 2005, respectively, and identified as grievance number CGGCI 0201-05,
Appellant contends the medical officials at the Camille Griffin Graham
Correctional Institution unreasonably delayed her receipt of a new
bed—specifically, a bed with a back-board—that was ordered to address her back
pain. In response to Appellant’s grievance, the Department found that
Appellant had been provided with a back-board for her bed on October 20, 2005.
Therefore, by a final agency decision dated November 30, 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 |