ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of John Smith, an
inmate incarcerated with the Department of Corrections ("Department") since 1996. In his appeal, Smith complains that
the Department improperly used chemical munitions against him in violation of the Eighth Amendment. For the reasons
that follow, Smith'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, Smith asserts that he was subjected to cruel and unusual punishment . Such is not a challenge to the
calculation of a sentence, sentence-related credits, or custody status. Nor is Smith 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 Smith'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
October 15, 2001
Columbia, South Carolina |