South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Andre Townsend #189415 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Andre Townsend #189415

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00047-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL
GRIEVANCE NO. PCI-1239-00

It is fundamental that "every court has the power and duty to determine whether or not it has jurisdiction of a cause presented to it for determination." Bridges v. Wyandotte Worsted Co., 243 S.C. 1, 8, 132 S.E.2d 18, 21 (1962). Accordingly, the "lack of subject matter jurisdiction can be raised at any time, can be raised for the first time on appeal, and can be raised sua sponte by the court." Lake v. Reeder Const. Co., 330 S.C. 242, 248, 498 S.E.2d 650, 653 (Ct. App. 1998).

In Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), the South Carolina Supreme Court held that inmates may seek review of final decisions of the Department of Corrections in "non-collateral" or administrative matters (i.e., those matters in which an inmate does not challenge the validity of a conviction or sentence) by appealing those decisions to the Administrative Law Judge Division (ALJD) pursuant to the South Carolina Administrative Procedures Act. Id. at 376, 527 S.E.2d at 754. In McNeil v. South Carolina Department of Corrections, the ALJD, sitting en banc, held that this tribunal's jurisdiction to hear inmate appeals under Al-Shabazz is limited to: (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. McNeil v. S.C. Dep't of Corrections, No. 00-ALJ-04-00336-AP, slip op. at 4-5 (S.C. Admin. Law Judge Div. Sept. 5, 2001) (en banc).

Here, Appellant alleges that he received inadequate medical care after he passed out due to excessive heat in his cell. This grievance is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is Appellant the object of punishment in a major disciplinary hearing. Accordingly, this tribunal does not have jurisdiction over this appeal.

IT IS THEREFORE ORDERED that the above-captioned appeal is DISMISSED for lack of jurisdiction.

AND IT IS SO ORDERED.





________________________

JOHN D. GEATHERS

Administrative Law Judge



October 18, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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