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SC Administrative Law Court Decisions

Stephen C. Stanko #235278 vs. SCDOC

South Carolina Department of Corrections

Stephen C. Stanko #235278

South Carolina Department of Corrections




On July 7, 2000, the South Carolina Department of Corrections (Department) filed a motion to dismiss this matter. The Department moved to dismiss the Appellant's claim under SCRCP 12(b)(1), lack of jurisdiction over the claim; SCRCP 12(b)(6), failure of Appellant to allege facts sufficient to state a claim; and Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (S.C. 2000). Based on the unique set of facts surrounding this grievance, the Department agrees to give the Appellant the lost pay he is requesting. More specifically, the Department will compensate the Appellant Five and sixty-nine/hundredths ($5.69) Dollars within thirty (30) days of the date of this Order of Dismissal. Furthermore, the Appellant's remaining allegations do not rise to the level of a "substantial grievance," and are therefore dismissed.

The right of appeal is accorded only to a "party aggrieved." Also, 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). Although there are exceptional cases, the general rule is that a plaintiff or defendant cannot appeal or prosecute a writ of error from or to a judgment, order, or decree in his own favor, since he is not aggrieved thereby. See Wilson v. Southern Ry., Carolina Division, et al., 123 S.C. 399, 115 S.E. 764 (1923). A [p]erson is "aggrieved" by judgment or decree, as requirement for right to appeal, when judgment or decree operates on his rights of property or bears directly upon his interest and constitutes substantial grievance, denial of some personal or property right, or imposition on a party of some burden or obligation. Burns v. Gardner, 328 S.C. 608, 493 S.E.2d 356 (S.C. App. 1997).

The Department has agreed to pay the Appellant the pay he lost while he was locked up and could not work. Furthermore, there is no additional evidence that the Appellant was substantially aggrieved. While the Appellant is requesting that an officer of the Department be reprimanded, this does not rise to the level of a substantial grievance.

IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted and that this appeal of Stephen Stanko is hereby dismissed.

IT IS FURTHER ORDERED that the Department will compensate the Appellant Five and sixty-nine/hundredths ($5.69) Dollars within thirty (30) days of the date of this Order of Dismissal.



Ralph King Anderson, III

Administrative Law Judge

August 9, 2000s

Columbia, SC


You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition for judicial review in circuit court within thirty (30) days after receipt of this order. S.C. Code Ann. § 1-23-610 (Supp. 1999). The petition may be filed in any circuit court as long as the chosen forum is neither arbitrary nor unreasonable, and provided that no statute controls venue in a particular type of case. The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

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