ORDERS:
ORDER GRANTING MOTION TO DISMISS
Grievance No. NCI-088-00
I. Introduction
This matter is one in which Ray A. Jones (Jones) alleges acts of negligence have been committed by
employees of the South Carolina Department of Corrections (DOC). Specifically, Jones asserts that DOC
employees were negligent in the handling of thirty dollars of Jones' money held by DOC in the DOC
checking system. Jones seeks to recover money damages equal to the lost funds and for the costs incurred as
a result of the lost funds. Such allegations sound in tort and raise the issue of whether subject matter
jurisdiction resides in the Administrative Law Judge Division (ALJD). After reviewing the allegations and
arguments, this matter must be dismissed.
II. Analysis
Pursuant to and as limited by Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), an inmate is
entitled to a modified contested case hearing when the inmate "challenges a disciplinary outcome,
calculation of sentence-related credits, custody status, or other condition of imprisonment." Al-Shabazz v.
State at 338 S.C. at 375. That modified contested case hearing is held before a DOC employee since the
"Department's procedures provide a sufficient method of resolving administrative matters pertaining to
inmates without the need for a contested-case hearing before an ALJ." Al-Shabazz v. State at 338 S.C. at 376.
Al-Shabazz further explained that an ALJD appellate review is available for inmates dissatisfied with the
outcome of the modified contested case hearing. Al-Shabazz v. State at 338 S.C. at 376 - 377. Therefore, it
follows, an ALJD appellate review is available only for those matters in which a modified contested case
could have been granted, i.e., one in which an inmate "challenges a disciplinary outcome, calculation of
sentence-related credits, custody status, or other condition of imprisonment."
Here, Jones does not challenge a disciplinary outcome, calculation of sentence-related credits, custody
status, or other condition of imprisonment. Rather, Jones seeks money damages for alleged negligence
committed by DOC. No contested case and thus no jurisdiction for an appellate review is available here.
Rather, a forum other than the ALJD must be sought when an inmate alleges negligent actions by a state
agency. See South Carolina Tort Claims Act, see §§ 15-78-10 et seq.
III. Order
The appeal of Ray A. Jones' grievance to the ALJD must be dismissed since the ALJD has no jurisdiction to
review tort claims alleging negligence by DOC. Thus, this matter is dismissed and the appeal ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 22, 2001
Columbia, South Carolina |
