Swank v. Mansfield Correctional Inst.
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[Cite as Swank v. Mansfield Correctional Inst., 2005-Ohio-6583.] IN THE COURT OF CLAIMS OF OHIO AARON J. SWANK : Plaintiff : v. : CASE NO. 2005-06147-AD : MEMORANDUM DECISION MANSFIELD CORRECTIONAL INSTITUTION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On June 28, 2002, plaintiff, Aaron J. Swank, an inmate, was transferred from defendant, Mansfield Correctional Institution ( ManCI ), to attend court proceedings. Plaintiff spent several months absent with leave from defendant s institution. {¶ 2} 2) Incident to plaintiff s transfer, his personal property was inventoried, packed, and delivered into defendant s custody. {¶ 3} 3) On April 23, 2003, plaintiff returned to ManCI and he regained possession of his personal property on that date. Plaintiff signed a property inventory list dated April 23, 2003, acknowledging he received all his property which had been stored under defendant s control since June 28, 2002. On April 25, 2003, plaintiff filed an informal complaint alleging several items were missing from his returned property. Plaintiff ultimately claimed defendant failed to return the following items: seventy collector photographs, thirty family photographs, a robe, a pair of shower shoes, a radio, a set of headphones, two bars of soap, a Bible, and three magazines. {¶ 4} 4) On April 28, 2005, plaintiff filed this complaint seeking to recover $1,118.90, the estimated value of his alleged missing property. Plaintiff alleged his property was stolen at sometime between June 28, 2002, when defendant packed the property, and April 23, 2003, when the packed property was returned to plaintiff s possession. CONCLUSIONS OF LAW {¶ 5} R.C. 2743.16(A) states: {¶ 6} (A) Subject to division (B) of this section, civil actions against the state permitted by sections 2743.01 to 2743.20 of the Revised Code shall be commenced no later than two years after the date of accrual of the cause of action or within any shorter period that is applicable to similar suits between private parties. {¶ 7} Plaintiff s cause of action accrued on April 23, 2003, or at the latest April 25, 2003 when he notified defendant of missing property. Plaintiff filed this claim on April 28, 2005, more than two years after his cause of action accrued. Even if plaintiff could provide sufficient proof he was damaged by the negligent acts of a state employee acting within the course and scope of his employment, plaintiff s action would be barred by the appropriate statute of limitations. IN THE COURT OF CLAIMS OF OHIO AARON J. SWANK : Plaintiff : v. : CASE NO. 2005-06147-AD : ENTRY OF ADMINISTRATIVE DETERMINATION MANSFIELD CORRECTIONAL INSTITUTION : Defendant : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, plaintiff s case is DISMISSED with prejudice. costs are assessed against plaintiff. Court The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: Aaron J. Swank, #374-523 1150 North Main Street Mansfield, Ohio 44901-0788 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 For Defendant RDK/laa 11/2 Filed 11/23/05 Sent to S.C. reporter 12/9/05
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