ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division")
pursuant to the appeal of Debbie Robinson, an inmate incarcerated with
the Department of Corrections ("Department") since 1993. In her appeal,
Robinson complains that she was treated unethically and unprofessionally
by a Department physician and seeks termination of his employment. For
the reasons that follow, Robinson's appeal must be dismissed for lack of
subject matter jurisdiction.
Analysis
On September 5, 2001, the
Administrative Law Judge Division (ALJD) issued an En Banc Order in 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 DOC has taken an inmate's created liberty interest as punishment
in a major disciplinary hearing.
In this case, Robinson asserts that she was treated unprofessionally
by a DOC physician. Such is not a challenge to the calculation of a sentence,
sentence-related credits, or custody status. Nor is Robinson the object
of punishment in a major disciplinary hearing in the instant case. Accordingly,
no jurisdiction exists in the ALJD to decide this matter.
IT IS THEREFORE ORDERED that Robinson's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C.
DUKES SCOTT
Administrative
Law Judge
Post
Office Box 11667
Columbia,
South Carolina 29211-1667
Dated:
September 25, 2001
Columbia, South Carolina |