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 January 29, 2001. Respondent seeks a dismissal on the
grounds that the appeal is moot and simply does not rise to the level of a substantial grievance or a grievance of "constitutional
dimension."
In Appellant's Step 2 Grievance, which was filed on September 5, 2000, Appellant requested that he get a complete medical
examination which included an HIV test and a cancer test. The Respondent denied Appellant's request because, per the Department's
policy, Appellant could only request a physical examination every two years because Appellant is less than fifty (50) years old.
Appellant received a physical examination in September 1998 and, therefore, would not be eligible for another physical examination
until September 2000. However, the Department stated in its Step 2 Decision that Appellant was now eligible to make a request for
another physical examination.
In the Respondent's Motion to Dismiss, Respondent asserts that the Appellant's claim is moot because the Department told the
Appellant to make a request for a physical examination because he was now eligible to receive one. Furthermore, Respondent asserts
Appellant's claim does not rise to a substantial grievance. Respondent submitted Appellant's Medical Records from June, 2000
through January, 2001. Although Appellant has not received an HIV test or cancer test, Appellant has seen the physician on
numerous occasions and appears to be receiving adequate medical care. Furthermore, the Department told Appellant that he was
eligible to receive a physical examination, which would include an HIV test, and that Appellant just needs to make the request for
this examination. Since this is the relief that Appellant sought, this tribunal can provide no further relief and 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
March 6, 2001
Columbia, South Carolina |
