ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Christopher
Blackwood, an inmate incarcerated with the Department of Corrections ("Department") since 1994. On March 19, 2001,
the Department moved to dismiss Blackwood's case on the ground that the Department lacks jurisdiction to hear
Blackwood's appeal because Blackwood's appeal implicated no constitutional right. On April 13, 2001, Blackwood
responded to the Department's motion. In his response, Blackwood clarified that he had not grieved his move to Security
Detention, but instead was grieving what he characterized as the associate warden's falsification of SCDC Form 19-30,
ICC Review. Although I disagree with the Department's rationale for its motion, Blackwood's appeal is dismissed for lack
of subject matter jurisdiction.
Analysis
On September 5, 2001, the Division issued an En Banc Order in McNeil v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP (September 5, 2001). The decision holds that the Division's appellate jurisdiction in inmate appeals is
limited to two types of cases: (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.
In this case, Blackwood went to great lengths to clarify that his grievance stemmed from the associate warden's alleged
falsification of a document, and not the ICC determination itself. Such is not a challenge to the calculation of a sentence,
sentence-related credits, or custody status. Nor is Blackwood the object of punishment in a major disciplinary hearing in
the instant case. Accordingly, no jurisdiction exists in the Division to decide this matter.
IT IS THEREFORE ORDERED that Blackwood's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 12, 2001
Columbia, South Carolina |
