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Beckham v. S.C. Dep't of Corr.

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 14, 2015
Appellate Case No. 2014-002068 (S.C. Ct. App. Oct. 14, 2015)

Opinion

Appellate Case No. 2014-002068 Unpublished Opinion No. 2015-UP-482

10-14-2015

Stephen A. Beckham, Appellant, v. South Carolina Department of Corrections, Respondent.

E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Daniel John Crooks, III, of the South Carolina Department of Corrections, of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. Appeal From The Administrative Law Court
Shirley C. Robinson, Administrative Law Judge

REVERSED AND REMANDED

E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Daniel John Crooks, III, of the South Carolina Department of Corrections, of Columbia, for Respondent. PER CURIAM : Stephen Beckham appeals the Administrative Law Court's (ALC) dismissal of his inmate grievance appeal on jurisdictional grounds because it found the appeal did not implicate a state-created liberty or property interest. We reverse and remand for consideration of the merits of Beckham's appeal. See S.C. Code Ann. § 1-23-610(B) (Supp. 2014) (providing this court may remand to the ALC for further proceedings and may reverse the ALC's decision "if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is . . . affected by other error of law"); Slezak v. S.C. Dep't of Corr., 361 S.C. 327, 331, 605 S.E.2d 506, 507 (2004) ("[T]he [ALC] has subject matter jurisdiction to hear appeals from the final decision of the [Department of Corrections] in a non-collateral or administrative matter."); id. ("[T]he [ALC] has appellate jurisdiction over any matter where the procedural prerequisites for perfecting such an appeal have been met."); id. at 331, 605 S.E.2d at 508 ("While the [ALC] has jurisdiction over all inmate grievance appeals that have been properly filed, we emphasize that the [court] is not required to hold a hearing in every matter."); id. ("Summary dismissal may be appropriate where the inmate's grievance does not implicate a state-created liberty or property interest."). REVERSED AND REMANDED. FEW, C.J., and KONDUROS and LOCKEMY, JJ., concur.

We decide this case without oral argument pursuant to Rule 215, SCACR. --------


Summaries of

Beckham v. S.C. Dep't of Corr.

STATE OF SOUTH CAROLINA In The Court of Appeals
Oct 14, 2015
Appellate Case No. 2014-002068 (S.C. Ct. App. Oct. 14, 2015)
Case details for

Beckham v. S.C. Dep't of Corr.

Case Details

Full title:Stephen A. Beckham, Appellant, v. South Carolina Department of…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Oct 14, 2015

Citations

Appellate Case No. 2014-002068 (S.C. Ct. App. Oct. 14, 2015)