McCreary v. Lima Correctional Inst.

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[Cite as McCreary v. Lima Correctional Inst., 2003-Ohio-2980.] IN THE COURT OF CLAIMS OF OHIO FLETCHER V. MC CREARY : Plaintiff : v. : CASE NO. 2003-02411-AD : MEMORANDUM DECISION LIMA CORRECTIONAL INSTITUTION Defendant : : : : : : : : : : : : : : : : : : {¶1} THE COURT FINDS THAT: {¶2} 1) On February 14, 2003, plaintiff, Fletcher V. McCreary, filed a complaint against defendants Lima Correctional Institution and State Highway Patrol. Plaintiff alleges on January 14, 2003, a drug sniffing dog under the control of both agents of Lima Correctional Institution and the Highway Patrol destroyed his bath robe. Plaintiff seeks damages in the amount of $22.40 plus reimbursement of the $25.00 filing fee which he submitted with the complaint; {¶3} 2) On April 17, 2003, defendant, Lima Correctional Institution, filed an investigation report admitting liability and acknowledged plaintiff suffered damages in the amount of $47.40. {¶4} THE COURT CONCLUDES THAT: {¶5} 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; {¶6} 2) Plaintiff has suffered damages in the amount of $22.40, 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. {¶7} for Having considered all the evidence in the claim file and, the reasons set concurrently herewith. forth in the memorandum decision filed Judgment is rendered in favor of plaintiff in the amount of $47.40 which includes the filing fee. are assessed against defendant. Court costs 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: Fletcher V. McCreary, #328-390 P.O. Box 540 St. Clairsville, Ohio 43950-0540 Plaintiff, Pro se Gregory C. Trout, For Defendant Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 DRB/tad 5/15 Filed 5/22/03 Sent to S.C. reporter 6/11/03

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