ORDERS:
ORDER OF DISMISSAL
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division ("ALJD"
or "Division") pursuant to the appeal of James E. McNeil, an inmate incarcerated
with the South Carolina Department of Corrections ("Department"). On March
9, 2000, Inmate McNeil was sprayed with chemical munitions ("spray") and
placed in a restraint chair when he refused to cease his disruptive behavior.
As a result, Inmate McNeil filed a grievance on or about March 22, 2000,
alleging that the Department had violated his Eighth Amendment rights by
administering the spray, restraining him, and refusing medical treatment
and a shower. Inmate McNeil received the Department's denial of his grievance
on June 7, 2000. On June 16, 2000, Inmate McNeil filed this appeal with
the Division.
ANALYSIS
On September 5, 2001, the Administrative Law Judge Division (ALJD) issued
an En Banc Order resolving the subject matter jurisdiction of this case. McNeil
v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP
(September 5, 2001). The decision holds that the ALJD's appellate jurisdiction
in inmate appeals is limited to two types of cases: (1) cases in which
an inmate contends that prison officials have erroneously calculated his
sentence, sentence-related credits, or custody status; and (2) cases in
which the Department has taken an inmate's created liberty interest as
punishment in a major disciplinary hearing. The issues addressed in the
En Banc Order are binding upon this case. ALJD Rule 70 (F).
ORDER
IT IS THEREFORE ORDERED that McNeil's appeal must be dismissed
for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
October 1, 2001
Columbia, South Carolina |
