Wells v. Ohio State Penitentiary

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[Cite as Wells v. Ohio State Penitentiary, 2002-Ohio-4624.] IN THE COURT OF CLAIMS OF OHIO ORSON WELLS, #148-660 878 Coitsville-Hubbard Road Youngstown, Ohio 44505 : : : Plaintiff Case No. 2002-03503-AD MEMORANDUM DECISION v. : OHIO STATE PENITENTIARY : Defendant : : : : : : : : : : : : : : : : : : For Defendant: Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway North Columbus, Ohio 43229 : : : : : : : : : : : : : : : : : {¶1} THE COURT FINDS THAT: {¶2} 1) On March 29, 2002, plaintiff, Orson Wells, filed a complaint against defendant, Ohio State Penitentiary, alleging his envelopes, letters, and photographs were confiscated by defendant’s personnel and subsequently lost. Plaintiff sought damages in the amount of $105.92 for property loss, plus $25.00 for filing fee reimbursement. Plaintiff submitted the filing fee with the complaint; {¶3} 2) On May 7, 2002, defendant filed an investigation report admitting liability; {¶4} 3) Plaintiff filed a response indicating his willingness to accept $36.26 for property loss, plus filing fees. {¶5} THE COURT CONCLUDES THAT: {¶6} 1) I find, by a preponderance negligence by defendant has been shown. of the evidence, Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD; {¶7} 2) Plaintiff has suffered damages in the amount of $40.00, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19. {¶8} Having considered all the evidence in the claim file and adopting the memorandum decision concurrently herewith; {¶9} IT IS ORDERED THAT: {¶10} 1) Plaintiff’s claim is GRANTED and judgment is rendered in favor of the plaintiff; {¶11} 2) Defendant (Ohio State Penitentiary) pay plaintiff (Orson Wells) $65.00 and such interest as is allowed by law; {¶12} 3) Court costs are assessed against defendant. ________________________________ DANIEL R. BORCHERT Deputy Clerk RDK/laa 5/23 Filed 5/30/02 Jr. Vol. 706, Pg. 193 Sent to S.C. reporter 9/4/02