ORDERS:
ORDER OF DISMISSAL
GRIEVANCE NO. PCI-1135-00
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 suasponte
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 contends that the Special
Management Unit (SMU) is inadequately ventilated. 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 9, 2001
Columbia, South Carolina |
