Legal Opinion · Dissent

Furtick v. South Carolina Department of Corrections

Supreme Court of South Carolina

Decided July 30, 2007No. 26270Published

1DissentChief Justice Toal

I respectfully dissent. In my view, the majority’s holding today ignores the legislative intent expressed by the clear and unambiguous language of S.C.Code Ann. §§ 24-13-210 and - 230. Further, I believe the majority discards our Court’s long-standing “hands-off’ approach to judicial supervision of internal prison disciplinary matters which do not amount to a violation of constitutional dimensions. In adopting its position, the majority has interjected our courts into every prison disciplinary matter which may result in an inmate’s lost opportunity to earn sentence-related credits including a…

2Cases cited12 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Sandin v. ConnerSupreme Court of the United States · 1995
  3. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  4. Board of Pardons v. AllenSupreme Court of the United States · 1987
  5. Jerry Montgomery v. Rondle Anderson, Warden, Indiana State PrisonCourt of Appeals for the Seventh Circuit · 2001

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