ORDERS:
ORDER OF DISMISSAL
On November 24, 2000, John Jackson filed this appeal with the Administrative Law Judge Division ("Division"). On August 29,
2000, Inmate Jackson was fired from his job in the library as a law clerk at Perry Correctional Institution shortly after he sent his
supervisor a written "Inmate to Staff Request." In his request, which was attached to his grievance forms filed with this Division,
Inmate Jackson expressed concerns about the supervisor's recent unprofessional behavior toward her employees, the disproportionate
number of white rather than black inmates hired in the library, and the need for more books by and about blacks. Inmate Jackson
alleges that his discharge was directly caused by these criticisms. Challenging his termination, Inmate Jackson filed a grievance on
September 15, 2000. The Department denied his grievance, stating that institutional job assignments are non-grievable and that his
concerns should be addressed to the librarian. On January 26, 2001, the Department filed a Motion to Dismiss, stating that job
assignments are non-grievable and that the Department's decision is supported by substantial evidence.
The Department's response to Appellant's grievance and the Department's Motion to Dismiss ignores the basis for Appellant's appeal.
Essentially, Inmate Jackson alleges he was discharged in retaliation for exercising his rights conferred upon him by the Department
to resolve his concerns by informal communication with the librarian prior to invoking the grievance process. Inmate Jackson
alleges he was terminated for doing precisely what the Step Two grievance form suggested he should do. This retaliatory discharge
raises constitutional concerns. Further, because the Department failed to address the basis for Appellant's grievance completely, its
Final Decision cannot be supported by substantial evidence.
On January 9, 2001, however, Inmate Jackson attempted to file with the Department a Motion to Dismiss his appeal pursuant to
Temporary Rule 65 (2000) . On January 26, 2001, the Department filed a copy of Appellant's Motion as an attachment to its own
Motion to Dismiss. Although that Motion should have been filed with this Division and copied to the Department, I accept Inmate
Jackson's Motion as having been filed with the Division as of January 26, 2001.
For the foregoing reasons, IT IS HEREBY ORDERED that the Department's Motion to Dismiss is DENIED. IT IS FURTHER
ORDERED that, based on Appellant's Motion that he wishes to withdraw his appeal, this matter is hereby DISMISSED with
prejudice.
AND IT IS SO ORDERED.
____________________________________
JOHN D. GEATHERS
Administrative Law Judge
P.O. Box 11667
Columbia, South Carolina 29211-1667
April 9, 2001
Columbia, South Carolina
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