ORDERS:
ORDER DISMISSING APPEAL
This matter is before me on appeal of Appellant Scotty L. Brown, #258733, filed with the Administrative Law Judge Division
("ALJD") on April 19, 2000. Appellant Brown appeals the Department of Corrections' ("DOC") determination that his grievance is
unsubstantiated. The DOC moved to dismiss Appellant's claim under S. C. Rules of Civil Procedure 12(b)(1), lack of jurisdiction over
the claim; SCRCP 12(b)(6), failure of Appellant to allege facts sufficient to state a claim; ALJDTR 57, service of documents; and
ALJDTR 33, notice of appeal. Appellant Brown responded to the DOC's motion by disputing the DOC's findings in the grievance
procedure.
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, citing Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625. 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 in the Record, or in Appellant's response to the Motion to Dismiss, that the Appellant was substantially aggrieved
by the actions of the officer at issue in this grievance. The Appellant asserts that the officer "lied" about the alleged argument between
Appellant and the officer. However, a dispute over a conversation does not rise to the level of a "substantial grievance." There is no
evidence that the Appellant was harmed physically or that the verbal altercation resulted in a loss of a property interest, such as good
time credits.
I conclude that the Appellant was not substantially aggrieved by the final decision of the DOC, and that the ALJD has no jurisdiction
over this appeal pursuant to SCRCP 12(b)(1).
IT IS THEREFORE ORDERED that Respondent's motion is granted and that the appeal of Appellant George Jones, Sr., Docket
Number 00-ALJ-04-00041, is hereby dismissed.
AND IT IS SO ORDERED.
___________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
July 27, 2000
Columbia, SC |
