Elkins v. Ohio State Penitentiary

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[Cite as Elkins v. Ohio State Penitentiary, 2004-Ohio-1353.] IN THE COURT OF CLAIMS OF OHIO JEREMIE ELKINS : Plaintiff : v. : CASE NO. 2003-11470-AD : MEMORANDUM DECISION OHIO STATE PENITENTIARY Defendant : ::::::::::::::::: {¶1} THE COURT FINDS THAT: {¶2} 1) On November 18, 2003, plaintiff, Jeremie Elkins, filed a complaint against defendant, Ohio State Penitentiary, alleging his sweat shirt was lost by defendant s personnel. Plaintiff seeks damages in the amount of $12.50 for property loss, plus the $25.00 filing fee; {¶3} 2) On January 27, 2004, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $12.36 for property loss; {¶4} 3) On February 4, 2004, plaintiff submitted a response expressing his agreement to accept $12.36 in damages for his property loss. {¶5} THE COURT CONCLUDES THAT: {¶6} 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; {¶7} 2) Plaintiff has suffered damages in the amount of $12.36, 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. {¶8} 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 $37.36, which includes the filing fee. Court costs are assessed against defendant. 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: Jeremie Elkins, #317-927 878 Coitsville-Hubbard Road Youngstown, Ohio 44505 Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 2/23 Filed 3/3/04 Sent to S.C. reporter 3/19/04 Plaintiff, Pro se For Defendant

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