ORDERS:
ORDER OF DISMISSAL
GRIEVANCE NO. McCI-0279-00
It is fundamental that "every court has the power and duty to determine whether or not it has jurisdiction of a cause presented
to it for determination." Bridges v. Wyandotte Worsted Co., 243 S.C. 1, 8, 132 S.E.2d 18, 21 (1962). Accordingly, the "lack
of subject matter jurisdiction can be raised at any time, can be raised for the first time on appeal, and can be raised sua sponte
by the court." Lake v. Reeder Const. Co., 330 S.C. 242, 248, 498 S.E.2d 650, 653 (Ct. App. 1998).
In Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), the South Carolina Supreme Court held that inmates may seek
review of final decisions of the Department of Corrections in "non-collateral" or administrative matters (i.e., those matters in
which an inmate does not challenge the validity of a conviction or sentence) by appealing those decisions to the
Administrative Law Judge Division (ALJD) pursuant to the South Carolina Administrative Procedures Act. Id. at 376, 527
S.E.2d at 754. In McNeil v. South Carolina Department of Corrections, the ALJD, sitting en banc, held that this tribunal's
jurisdiction to hear inmate appeals under Al-Shabazz is limited to: (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 the Department
has taken an inmate's created liberty interest as punishment in a major disciplinary hearing. McNeil v. S.C. Dep't of
Corrections, No. 00-ALJ-04-00336-AP, slip op. at 4-5 (S.C. Admin. Law Judge Div. Sept. 5, 2001) (en banc).
Here, Appellant objects to the Department's confiscation of his contraband cassette tapes. This claim is not a challenge to the
calculation of a sentence, sentence-related credits, or custody status. Nor is Appellant the object of punishment in a major
disciplinary hearing. Accordingly, this tribunal does not have jurisdiction over this appeal.
IT IS THEREFORE ORDERED that the above-captioned appeal is DISMISSED for lack of jurisdiction.
AND IT IS SO ORDERED.
________________________
JOHN D. GEATHERS
Administrative Law Judge
October 11, 2001
Columbia, South Carolina |