ORDERS:
ORDER OF DISMISSAL
GRIEVANCE NO. KER 0219-00
In response to this tribunal's Order of Remand dated February 14, 2002, the Department of Corrections (DOC or
"Department") granted Appellant a rehearing of his March 1, 2000 disciplinary conviction for ingesting a medication given
to him by another inmate in violation of DOC Disciplinary Code § 1.10. Appellant was found not guilty at the rehearing
and the Department will now restore all "good-time" credit taken from and lost by Appellant as a result of his earlier
conviction, thus satisfying Appellant's grievance. Because this tribunal can provide no further relief, this appeal has been
rendered moot.
The South Carolina Supreme Court has stated:
[Courts] will not pass on moot and academic questions or make an adjudication where there remains no actual controversy.
A case becomes moot when judgment, if rendered, will have no practical legal effect upon [an] existing controversy. This
is true when some event occurs making it impossible for [a] reviewing [c]ourt to grant effectual relief.
Jones v. Dillon-Marion Human Res. Dev. Comm'n, 277 S.C. 533, 536, 291 S.E.2d 195, 196 (1982); see also Dodge v.
Dodge, 332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998). Such is the case here. Appellant's grievance has been rendered
moot by the Department's decision to grant him the relief he seeks.
IT IS THEREFORE ORDERED that this appeal is DISMISSED with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
May 7, 2002
Columbia, South Carolina |
