Swinton v. State, 19718
| Decision Date | 01 November 1973 |
| Docket Number | No. 19718,19718 |
| Citation | 200 S.E.2d 77,261 S.C. 372 |
| Court | South Carolina Supreme Court |
| Parties | Robert SWINTON, Appellant, v. STATE of South Carolina et al., Respondents. |
Henry H. Taylor, Columbia, for appellant.
Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Emmet H. Clair and Robert M. Ariail, Columbia, for respondents.
Appellant was committed to the South Carolina Department of Corrections on January 10, 1968, under a fifteen (15) year sentence for armed robbery. Shortly after his admittance, he was segregated by the prison officials from the general prison population and placed in restricted confinement, where he has since remained, except for a one day interval in 1970. He filed a petition, dated October 1, 1970, for habeas corpus relief, under which he sought an order releasing him from restricted confinement and readmitting him to the general prison population; or, in the alternative, that he be allowed to engage in some rehabilitative work within the area where he is now confined. This appeal is from an order of the lower court denying the foregoing petition.
The petition for habeas corpus relief is apparently based upon the assertion that, as a result of arbitrary and capricious action by the prison officials, appellant was physically abused and mistreated and placed in restricted confinement in violation of his constitutional right to due process of law. The denial of the petition was based upon factual findings by the lower court that appellant had not been mistreated as alleged; and that the segregation of appellant from the general prison population constituted a proper exercise of administrative discretion on the part of the prison officials.
Shortly after his admittance to the Department of Corrections in January 1968 appellant was segregated by the prison officials from the general prison population and placed in the Maximum Detention Retraining Center, where inmates are confined who are a disruptive influence and cannot adjust to the prison population. He remained in such restricted confinement until September 1970, when, upon the recommendation of a review board, he was returned to the general prison population. However, he was returned to restricted confinement after one day because of numerous complaints that he was again disrupting prison discipline. He has remained in restricted confinement since that time on what is described as an 'administrative segregation basis.'
There is no allegation or contention...
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Crowe v. Leeke, 21073
...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 AFFIRMED......