Maxwell v. Richland Correctional Inst.

Annotate this Case

Download PDF

[Cite as Maxwell v. Richland Correctional Inst., 2004-Ohio-2290.] IN THE COURT OF CLAIMS OF OHIO DAMON MAXWELL : Plaintiff : v. : : RICHLAND CORRECTIONAL INST. Defendant CASE NO. 2003-10139-AD MEMORANDUM DECISION : ::::::::::::::::: FINDINGS OF FACT {¶1} 1) On August 8, 2003, plaintiff, Damon Maxwell, an inmate, was transferred from defendant, Richland Correctional Institution, to the Lebanon Correctional Institution. {¶2} 2) Plaintiff has alleged several items of his personal property were not transferred and were lost while under the control of defendant s personnel. Consequently, plaintiff filed this complaint seeking to recover $659.55, the estimated value of the missing property and reimbursement of the $25 filing fee. {¶3} 3) liability Defendant for the filed loss of an investigation property items report packed. admitting However, defendant asserted plaintiffs damages should be limited to $520.40. {¶4} 4) Plaintiff filed a response requesting the court review the amount of damages he sustained. {¶5} 5) Plaintiff has overstated his damage claim. CONCLUSIONS OF LAW {¶6} 1) Negligence on the part of the defendant has been shown in respect to the property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. {¶7} 2) The assessment of damages is a matter within the province of the trier of fact. Litchfield v. Morris (1985), 25 Ohio App. 3d 42. {¶8} 3) Defendant is liable to plaintiff in the amount of $495.40, plus the $25 filing fee. {¶9} 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 $520.40, which includes the filing fee. costs are assessed against defendant. 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: Damon Maxwell, #389-040 P.O. Box 56 Lebanon, Ohio 45036 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 DRB/RDK/laa 4/9 Plaintiff, Pro se For Defendant Filed 4/15/04 Sent to S.C. reporter 5/6/04

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.