Jones v. SCDC

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.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Jeremy Lee Jones, Appellant,

v.
South Carolina Department of
Corrections, Respondent.

__________

Appeal From Lee County
George C. James, Jr., Circuit Court Judge
__________

Unpublished Opinion No. 2012-UP-372
Submitted June 1, 2012 – Filed June 20, 2012
__________

AFFIRMED
__________

Fletcher N. Smith, Jr., of Greenville, for Appellant.

Russell W. Harter, Jr., of Greenville, for Respondent.

PER CURIAM: Jeremy Lee Jones appeals the circuit court's grant of
summary judgment to the South Carolina Department of Corrections (the
Department), arguing (1) the circuit court erred in granting summary
judgment to the Department when its failure to protect Jones from an attack
by a fellow inmate demonstrated gross negligence and (2) the Department
had a duty to protect inmates from fellow inmates. We affirm1 pursuant to
Rule 220(b)(1), SCACR, and the following authorities:

1. As to whether the circuit court erred in granting summary
judgment to the Department: Hancock v. Mid-South Mgmt. Co., 381 S.C.
326, 329, 673 S.E.2d 801, 802 (2009) ("Summary judgment is appropriate
where there is no genuine issue of material fact and it is clear the moving
party is entitled to a judgment as a matter of law.").

2. As to whether the Department had a duty to protect inmates from
fellow inmates: Futch v. McAllister Towing of Georgetown, Inc., 335 S.C.
598, 613, 518 S.E.2d 591, 598 (1999) (holding an appellate court need not
review remaining issues when its determination of a prior issue is dispositive
of the appeal).

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.