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Administrative Law Court
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SC Administrative Law Court Decisions

Gary Slezak, #109201 vs. SCDOC

South Carolina Department of Corrections

Gary Slezak, #109201

South Carolina Department of Corrections




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.




Administrative Law Judge

P.O. Box 11667

Columbia, South Carolina 29211-1667

February 27, 2001

Columbia, South Carolina

Brown Bldg.






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