ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. McCI-0364-00
A threshold question in every case is whether subject matter jurisdiction exists over the
matter in question. Such issues may be raised at any time and may be considered by the court on
its own motion. See Johnson v. State, 319 S.C. 62, 459 S.E.2d 840 (1995). Here, the issue is whether
jurisdiction exists in the Administrative Law Judge Division (ALJD).
The En Banc Order of McNeil v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP (September 5, 2001) holds that the ALJD's appellate jurisdiction in inmate appeals is limited
to two types of cases: cases in which an inmate contends that prison officials have erroneously
calculated his sentence, sentence-related credits, or custody status; cases in which DOC has
taken an inmate's created liberty interest as punishment in a major disciplinary hearing.
In this case, Thomas M. Stutts (Stutts) asserts that a DOC employee improperly locked the
door to the recreation yard during inmate count time. Such is not a challenge to the
calculation of a sentence, sentence-related credits, or custody status. Nor is Stutts the
object of punishment in a major disciplinary hearing. Accordingly, no jurisdiction exists in the
ALJD to decide this matter.
THEREFORE, this matter is dismissed and the case is ended.
AND IT IS SO ORDERED.
Dated: September 19, 2001
Columbia, South Carolina |
