ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. Lieber-0449-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Jimmie Whaley (Whaley) by arguing the appeal is
moot. After reviewing the arguments, the motion to dismiss is granted.
II. Analysis
"A case becomes moot when judgment, if rendered, will have no practical effect upon [the] existing controversy." Mathis v. South
Carolina State Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). Moreover, a court will not pass on moot and
academic questions or make an adjudication where there remains no actual controversy. Byrd v. Irmo High School, 321 S.C. 426,
431, 468 S.E.2d 861, 864 (1996).
Here, the appeal is moot. Whaley's step-father died on August 7, 2000. Prison officials failed to notify Whaley that Whaley's
step-father had died even though a chaplain at the correctional institute housing Whaley was notified of the step-father's death. The
chaplain did not convey the message to Whaley due to an error in the records of DOC showing a different name for Whaley's
step-father. Whaley seeks an order asking that the incident be investigated.
DOC officials have examined the incident. The episode has been discussed with the chaplain involved and DOC employees have
apologized to Whaley for the mistake in communication. Thus, no actual controversy remains for decision. Therefore, the matter is
dismissed as moot.
III. Order
The Motion to Dismiss is GRANTED and this matter is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: April 3, 2001
Columbia, South Carolina |