Bishop v. Pickaway Corr. Inst.

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[Cite as Bishop v. Pickaway Corr. Inst., 2009-Ohio-5989.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us BRIAN K. BISHOP Plaintiff v. PICKAWAY CORR. INST. Defendant Case No. 2009-04459-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Brian K. Bishop, an inmate formerly incarcerated at defendant, Pickaway Correctional Institution ( PCI ), asserts that his property was stolen or confiscated during a shakedown search by PCI staff on or about April 24, 2007. Plaintiff filed this complaint on April 27, 2009 seeking to recover $135.57, the replacement value of his property. The filing fee was waived. {¶ 2} 2) Defendant filed an investigation report admitting liability and acknowledging that plaintiff suffered damages in the amount of $135.57. {¶ 3} 3) Plaintiff filed a response. CONCLUSIONS OF LAW {¶ 4} 1) Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. Defendant is liable to plaintiff in the amount of $135.57 for property loss. Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us BRIAN K. BISHOP Plaintiff v. PICKAWAY CORR. INST. Defendant Case No. 2009-04459-AD Deputy Clerk Daniel R. Borchert ENTRY OF ADMINISTRATIVE DETERMINATION Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $135.57. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Brian K. Bishop c/o Volunteers of America Halfway House 115 W. McMicken Cincinnati, Ohio 45210 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 770 West Broad Street Columbus, Ohio 43222 RDK/laa 7/13 Filed 7/16/09 Sent to S.C. reporter 11/10/09

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