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Administrative Law Court
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SC Administrative Law Court Decisions

John Jackson #227240 vs. SCDOC

South Carolina Department of Corrections

John Jackson #227240

South Carolina Department of Corrections




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.




Administrative Law Judge

P.O. Box 11667

Columbia, South Carolina 29211-1667

April 9, 2001

Columbia, South Carolina

Brown Bldg.






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