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SC Administrative Law Court Decisions

J. Randy Deer, # 155226 vs. SCDOC

South Carolina Department of Corrections

J. Randy Deer, # 155226

South Carolina Department of Corrections



Grievance No. ACI-0167-00

This matter is currently pending before the South Carolina Administrative Law Judge Division. The Respondent filed a Motion to Dismiss on August 17, 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.

There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. The Appellant alleges that force was used by the staff, but he fails to allege an injury. The Appellant merely wants the staff to be disciplined. The S.C. Court of Appeals has stated that "State appellate courts will not issue advisory opinions on questions for which no meaningful relief can be granted." Jones v. Dillon-Marion Human Resources Development Commission, 277 S.C. 533, 291 S.E.2d 195 (1982).

I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law Judge Division has no jurisdiction over this appeal pursuant to S.C. R.C.P. 12(b)(1).

IT IS THEREFORE ORDERED that the Respondent's Motion to Dismiss is granted and that this appeal is hereby DISMISSED.




Administrative Law Judge Division

August 22, 2000

Columbia, South Carolina


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 of the finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; () made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

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