Crowe v. Leeke, No. 21073

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLEWIS
Citation259 S.E.2d 614,273 S.C. 763
PartiesNiles L. CROWE, Appellant, v. William D. LEEKE, Department of Corrections, The State of South Carolina, Respondents.
Docket NumberNo. 21073
Decision Date25 October 1979

Page 614

259 S.E.2d 614
273 S.C. 763
Niles L. CROWE, Appellant,
v.
William D. LEEKE, Department of Corrections, The State of
South Carolina, Respondents.
No. 21073.
Supreme Court of South Carolina.
Oct. 25, 1979.

John R. Ferguson, Clinton, for appellant.

Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. Emmet H. Clair and Staff Atty. Betty J. Willoughby, Columbia, for respondents.

LEWIS, Chief Justice:

The appellant filed an application for Post-Conviction Relief which was denied. Through this appeal, he asserts the hearing judge should have found his constitutional rights were violated by the actions of the Department of Corrections in transferring him within the prison system and downgrading his custody status. We disagree.

Page 615

In addition to the aforementioned allegations, the appellant's petition contained other allegations which were properly cognizable under the Uniform Post-Conviction Procedures[273 S.C. 764] Act. Due to the actions of the parties and the court below, we have construed the appellant's petition with regard to the issues on appeal to be in the nature of a Habeas corpus proceeding. Viewed otherwise, the hearing judge would have been without authority to consider this matter because a proceeding for the harm asserted by the appellant is not envisioned by the Uniform Post-Conviction Procedures Act.

The record is indicative of the good faith exercise of the discretionary power of the prison officials in the maintenance of order, discipline, and security among the prison population and, as such, is not subject to judicial review. It is void of proof that they acted arbitrarily, capriciously or from personal bias or prejudice. See Sellers v. State, 259 S.C. 564, 193 S.E.2d 513 (1972); Swinton v. State, 261 S.C. 372, 200 S.E.2d 77 (1973). On the contrary, the respondent's determinations concerned routine administrative actions that were accomplished in good faith.

AFFIRMED.

LITTLEJOHN, NESS, RHODES and GREGORY, JJ., concur.

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10 practice notes
  • Al-Shabazz v. State, No. 24995.
    • United States
    • United States State Supreme Court of South Carolina
    • August 23, 1999
    ...of custody status are not properly 338 S.C. 369 raised in a PCR proceeding. Tutt v. State, 277 S.C. 525, 290 S.E.2d 414; Crowe v. Leeke, 273 S.C. 763, 259 S.E.2d 614 (1979). Today we add credits-related issues and other conditions of imprisonment to the list of administrative matters. We ov......
  • Skipper v. Sc Dept. of Corrections, No. 4141.
    • United States
    • Court of Appeals of South Carolina
    • July 31, 2006
    ...capriciously, or from personal bias" (quoting Brown v. Evatt, 322 S.C. 189, 194, 470 S.E.2d 848, 851 (1996))); Crowe v. Leeke, 273 S.C. 763, 764, 259 S.E.2d 614, 615 (1979) (holding transfer within prison system or downgrading of custody status is not subject to judicial review as long as p......
  • Taylor v. McCall, Civil Action No. 9:11-2737-JFA-BM
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • August 21, 2012
    ...in his case was arbitrary, capricious, or based on some other unlawful motive. See generally, Sandin, 515 U.S. at 486; Crowe v. Leeke, 259 S.E.2d 614, 615 (1979); Davidson v. Cannon, 474 U.S. 344, 347 (1986)["The Due Process Clause of the Fourteenth Amendment is not implicated by the lack o......
  • Wright v. Webber, C/A No.: 1:11-2199-TLW-SVH
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • July 3, 2012
    ...his case was arbitrary, capricious, or based on some other unlawful motive. See generally, Sandin, 515 U.S. at 486;Page 7Crowe v. Leeke, 259 S.E.2d 614, 615 (S.C. 1979). Plaintiff has presented no such evidence. Thus, Defendants are entitled to summary judgment on this claim.2. Grievance Pr......
  • Request a trial to view additional results
10 cases
  • Al-Shabazz v. State, No. 24995.
    • United States
    • United States State Supreme Court of South Carolina
    • August 23, 1999
    ...of custody status are not properly 338 S.C. 369 raised in a PCR proceeding. Tutt v. State, 277 S.C. 525, 290 S.E.2d 414; Crowe v. Leeke, 273 S.C. 763, 259 S.E.2d 614 (1979). Today we add credits-related issues and other conditions of imprisonment to the list of administrative matters. We ov......
  • Skipper v. Sc Dept. of Corrections, No. 4141.
    • United States
    • Court of Appeals of South Carolina
    • July 31, 2006
    ...capriciously, or from personal bias" (quoting Brown v. Evatt, 322 S.C. 189, 194, 470 S.E.2d 848, 851 (1996))); Crowe v. Leeke, 273 S.C. 763, 764, 259 S.E.2d 614, 615 (1979) (holding transfer within prison system or downgrading of custody status is not subject to judicial review as long......
  • Taylor v. McCall, Civil Action No. 9:11-2737-JFA-BM
    • United States
    • U.S. District Court — District of South Carolina
    • August 21, 2012
    ...in his case was arbitrary, capricious, or based on some other unlawful motive. See generally, Sandin, 515 U.S. at 486; Crowe v. Leeke, 259 S.E.2d 614, 615 (1979); Davidson v. Cannon, 474 U.S. 344, 347 (1986)["The Due Process Clause of the Fourteenth Amendment is not implicated by the l......
  • Wright v. Webber, C/A No.: 1:11-2199-TLW-SVH
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • July 3, 2012
    ...his case was arbitrary, capricious, or based on some other unlawful motive. See generally, Sandin, 515 U.S. at 486;Page 7Crowe v. Leeke, 259 S.E.2d 614, 615 (S.C. 1979). Plaintiff has presented no such evidence. Thus, Defendants are entitled to summary judgment on this claim.2. Grievance Pr......
  • Request a trial to view additional results

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