ORDERS:
ORDER OF DISMISSAL
On August 14, 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).
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. See also Burns v.
Gardner, 328 S.C. 608, 493 S.E.2d 356 (S.C. App. 1997).
There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this case. In this grievance,
the Appellant made allegations regarding sexual advances from a Department officer. The fact that the Appellant's allegations were
found to be false is not the basis upon which this Order of Dismissal is being granted. Rather, the relief sought by the Appellant is
merely that the officer be dismissed, which does not operate to the Appellant's personal property rights. See Al-Shabazz v. State, 338
S.C. 354, 527 S.E.2d 742 (S.C. 2000). Therefore, based on the foregoing,
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and that this appeal of Maurice Abrams is hereby
dismissed.
AND IT IS SO ORDERED.
___________________________
Ralph King Anderson, III
Administrative Law Judge
September 28, 2000
Columbia, SC
APPEAL RIGHTS
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. |
