ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Gary Slezak, an
inmate incarcerated with the Department of Corrections ("Department") since January 26, 1981. On January 17, 2000,
while housed at McCormick Correctional Institution ("Facility"), Inmate Slezak filed a grievance challenging the authority
of Lieutenant Pratt, a Department employee, to restrict the use of a microwave located in the Facility's dayroom. In
addition, Inmate Slezak alleged that Department employees permitted inmates to gamble and steal from one another. The
Department denied his grievance, stating that Lt. Pratt possessed the requisite authority to restrict the microwave's use.
Additionally, the Department informed Inmate Slezak that his concerns regarding the alleged illicit conduct of other
inmates would be addressed. Dissatisfied with the Department's response, Inmate Slezak filed this appeal with the
Division on July 26, 2000, pursuant to the jurisdiction conferred by the South Carolina Supreme Court in Al-Shabazz v.
State, 338 S.C. 354, 527 S.E.2d 742 (2000).
I find that this Division has no jurisdiction to hear Inmate Slezak's claims because Inmate Slezak has failed to allege an
actual injury. "No person may invoke the judicial power to determine the validity of executive or legislative action unless
he has sustained, or is in immediate danger of sustaining, prejudice therefrom." Baird v. Charleston County, 333 S.C. 519,
511 S.E.2d 69, 75 (1999). Inmate Slezak neither alleges that he has been denied the use of the microwave nor that he had
been harmed by other inmates. Therefore, I find that Inmate Slezak has presented no actual controversy.
In addition, with regard to the claim involving the microwave, I must caution Inmate Slezak that the jurisdiction of this
Division is not to be invoked maliciously or frivolously. A judicial finding of malicious, frivolous, or false filing may
result in the forfeiture of good time, work, or education credits. Al Shabazz, 338 S.C. at 381, 527 S.E.2d at 756. Rather
than face such a forfeiture, an inmate may elect to voluntarily withdraw his malicious, frivolous, or false appeal prior to this
Division's determination.
Inmate Slezak's appeal is hereby DISMISSED with prejudice.
IT IS THEREFORE ORDERED that Inmate Slezak's appeal is dismissed.
AND IT IS SO ORDERED.
____________________________________
JOHN D. GEATHERS
Administrative Law Judge
P.O. Box 11667
Columbia, South Carolina 29211-1667
February 27, 2001
Columbia, South Carolina |
