ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is currently pending before the Administrative Law Judge Division (ALJD) pursuant to the South Carolina
Department of Corrections' (Respondent or Department) Motion to Dismiss filed on February 7, 2001. Respondent seeks a
dismissal on the grounds that the Appellant has received the relief that he requested and, therefore, the claim is moot.
In Appellant's Step 1 Grievance, Appellant requested that his conviction for Threatening to Inflict Harm on an Employee,
SCDC Disciplinary Code 1.04, on August 15, 2000, be overturned and that the sanctions imposed be lifted. In
Respondent's Motion to Dismiss, Respondent asserts that Appellant's claim is moot because, since the filing of the
grievance, the Department has reconsidered its position and overturned the conviction. The Department issued an amended
Step 2 Grievance which stated that "based on inconsistent testimony by the accuser during the hearing, the conviction(s)
Threatening to Inflict Harm on an Employee and/or Members of the Public (1.04) on August 15, 2000, will be overturned
and the sanction(s) imposed will be lifted." This is the relief that Appellant sought in his Step 1 Grievance. Because this
tribunal can provide no further relief, this appeal has been rendered moot.
The South Carolina Supreme Court has stated:
This Court will not pass on moot and academic questions or make an adjudication where there remains no actual
controversy. Wallace v. City of York, S.C., 281 S.E.2d 487 (1981). A case becomes moot when judgment, if rendered,
will have no practical legal effect upon existing controversy. This is true when some event occurs making it impossible for
reviewing Court to grant effectual relief. Such is the situation here. Mathis v. South Carolina State Highway Dept., 260
S.C. 344, 195 S.E.2d 713 (1973).
Jones v. Dillon-Marion Human Resources Development Commission, 277 S.C. 533, 291 S.E.2d 195 (1982); see Dodge v.
Dodge, 332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998).
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is hereby GRANTED.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
February 27, 2001
Columbia, South Carolina |