ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is currently pending before the Administrative Law Judge Division ("ALJD") pursuant to the South Carolina Department
of Corrections' ("Respondent" or "Department") Motion to Dismiss filed on July 12, 2000. Respondent seeks a dismissal on the
grounds that Appellant was not substantially aggrieved by the actions of the Department. Respondent seeks this dismissal under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), Rule 12(b)(1), SCRCP, for lack of jurisdiction, Rule 12(b)(6), SCRCP, for
failure of Appellant to state facts sufficient to constitute a cause of action, ALJD Rule 33, and ALJD Temporary Rule 57.
A party cannot appeal a ruling unless he has been substantially aggrieved by that ruling. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d
150 (1970); See also S.C. Code Ann. § 1-23-380(A) (judicial review available to parties who are aggrieved by a final decision of an
agency). A party who is aggrieved is one who "is injured in a legal sense; one who has suffered an injury to person or property." Bivens, 173 S.E.2d at 152. The word "aggrieved" refers to a substantial grievance, "a denial of some personal or property right or the
imposition on a party of a burden or obligation." Id.
There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. The Appellant
alleges that he was not allowed to speak with a supervisor, that he was forced to leave his cell door open while he showered, and that
he cut himself while shaving. The Appellant does not allege any injury by the actions of the Respondent. Appellant only requests
that the officer that forced him to leave his cell door open be removed from Appellant's wing of the institution and that he be allowed
to speak with a supervisor when he makes such a request.
I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law
Judge Division has no jurisdiction over this appeal pursuant to Rule 12(b)(1), SCRCP.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
September 12, 2000
Columbia, South Carolina |
