ORDERS:
ORDER
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of
James E. McNeil, an inmate incarcerated with the Department of Corrections ("Department") since
March 20, 1991. On November 23, 1999, Inmate McNeil filed a grievance alleging that Department
guards were grossly negligent in failing to prevent an incident in which a handcuffed inmate somehow
managed to break away from two guards, work himself out of the handcuffs, and punch Inmate McNeil
in the face. After the attack, Department guards helped Inmate McNeil get up and returned him to his
cell, where he refused medical attention. However, Department medical staff evaluated Inmate McNeil
and gave him a clean bill of health. The Department denied Inmate McNeil's grievance, stating that
there was no evidence that Department employees had acted in a grossly negligent manner. Dissatisfied
with the Department's response, Inmate McNeil filed this appeal with the Division on May 4, 2000,
pursuant to the jurisdiction conferred by the South Carolina Supreme Court in Al-Shabazz v. State, 338
S.C. 354, 527 S.E.2d 742 (2000). In his appeal, Inmate McNeil alleges that the Department violated his
constitutional rights in failing to prevent the attack.
I find that Inmate McNeil has failed to allege facts sufficient to state a cognizable constitutional claim
and that his allegations do not rise to the level of a violation of the Eighth or Fourteenth Amendments. See Daniels v. Williams, 474 U.S. 327, 333 (1986) ("[w]here a government official's act causing injury
to life, liberty, or property is merely negligent, 'no procedure for compensation is constitutionally required'"). Accordingly, Inmate McNeil's appeal is hereby DISMISSED and the Department's Final
Decision is AFFIRMED.
IT IS THEREFORE ORDERED that the Final Decision of the Department is AFFIRMED and the
appeal of Inmate McNeil is DISMISSED.
AND IT IS SO ORDERED.
____________________________________
Ralph King Anderson, III
Administrative Law Judge
May 23, 2001
Columbia, South Carolina |
