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SC Administrative Law Court Decisions

Dr. Shaka Macumba Zulu X, #123197 vs. SCDOC

South Carolina Department of Corrections

Dr. Shaka Macumba Zulu X, #123197

South Carolina Department of Corrections




This matter is before the Administrative Law Judge Division ("Division") pursuant to Appellant's Notice of Appeal filed July 5, 2000. Appellant is appealing Respondent's final decision dated June 12, 2000, wherein Respondent approved the reimbursement of $1.13 to Appellant. Respondent, however, denied the other action requested by Appellant, specifically "that employee disciplinary be taken against Martin of the mail room, and policies authorizing [debits to an inmate's account without the inmate's signature] be nullified."

Generally, a party cannot appeal a judgment made in his own favor since he is not aggrieved by it. The right of appeal is accorded only to an aggrieved party. Wilson v. Southern Ry., Carolina Div., 123 S.C. 399, 115 S.E. 764 (1923). An aggrieved party is a person who is aggrieved by a judgment when it operates on his rights of property or bears directly upon his interest. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d 150 (1970). The word "aggrieved" refers to a substantial grievance such as the denial of the party's personal or property right or the imposition on the party of a burden or obligation. Id.

In this case, Respondent refunded Appellant's money. Respondent's refusal to discipline this particular employee or to nullify this particular policy is not a denial of Appellant's personal or property right. Appellant, therefore, is not aggrieved so as to permit this matter to go forward.

IT IS THEREFORE ORDERED that this appeal is dismissed with prejudice.




Chief Administrative Law Judge

August 15, 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 and serving such petition on opposing parties 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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