ORDERS:
ORDER OF DISMISSAL
Grievance No. Palmer-0044-00
This matter is before the Administrative Law Judge Division ("Division") pursuant to the appeal filed by
Glenn H. Parrott ("Appellant"). Appellant filed an initial grievance on or about July 8, 2000, and received a
final decision from the Department on November 7, 2000. Appellant filed a Notice of Appeal with the
Division on November 16, 2000, complaining of lack of medical attention and requesting compensation for
pain and suffering.
In a Motion to Dismiss filed July 24, 2001, the Department asserted Appellant's claim was moot because he
was released from prison.
An issue is moot when a judgment on the issue will have no practical effect on an existing case or
controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973).
In this case, Appellant was released from prison on December 27, 2000. As a result, Appellant's claim
regarding lack of medical attention is rendered moot. Furthermore, because Appellant is no longer
incarcerated, Appellant's claim for compensation for pain and suffering properly would be brought pursuant
to the South Carolina Tort Claims Act. See S.C. Code Ann. § 15-78-10 to -200 (Supp. 2000).
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed
with prejudice.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
August 10, 2001
Columbia, South Carolina |
