Josso v. Lorain Correctional Inst.

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[Cite as Josso v. Lorain Correctional Inst., 2003-Ohio-4927.] IN THE COURT OF CLAIMS OF OHIO TIMOTHY JOSSO : Plaintiff : v. : CASE NO. 2003-07979-AD : MEMORANDUM DECISION LORAIN CORRECTIONAL INSTITUTION : Defendant ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On July 18, 2003, plaintiff, Timothy Josso, filed a complaint against defendant, Lorain Correctional Institution, alleging he was improperly deprived his radio by defendant s personnel. Plaintiff seeks damages in the amount of $34.91. Plaintiff submitted the filing fee with his complaint; {¶3} 2) On July 18, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $34.91. {¶4} THE COURT CONCLUDES THAT: {¶5} 1) I find, by a preponderance of the evidence, negligence by defendant has been shown. 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 $34.91, 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} 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 $59.91, which includes the filing fee. Court costs shall be absorbed by the 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: Timothy Josso, #203-146 2075 South Avon Belden Road Grafton, Ohio 44044 Plaintiff, Pro se Tracy Tyson-Parker, Warden Lorain Correctional Institution 2075 S. Avon-Belden Road Grafton, Ohio 44044 For Defendant RDK/laa 8/18 Filed 8/28/03 Sent to S.C. reporter 9/11/03

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