Jackson v. Warren Corectional Inst.
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[Cite as Jackson v. Warren Corectional Inst., 2004-Ohio-3948.] IN THE COURT OF CLAIMS OF OHIO EDWARD JACKSON : Plaintiff : v. : : WARREN CORRECTIONAL INSTITUTION, et al. CASE NO. 2004-03365-AD MEMORANDUM DECISION : Defendants ::::::::::::::::: FINDINGS OF ACT {¶1} 1) On Jackson, an Correctional or about inmate, October Institution 2002, plaintiff, Edward transferred was 16, from defendant, Warren (WCI), to defendant, Southern Ohio Correctional Facility (SOCF). {¶2} 2) Several items of plaintiff s personal property were lost incident to the transfer. Many articles of lost property were subsequently recovered and forwarded to plaintiff at SOCF. {¶3} 3) However, plaintiff has asserted his fan remains missing and was not returned to his possession after being delivered to WCI personnel. Plaintiff filed this complaint seeking to recover $13.00, the replacement value of his missing fan, plus $25.00 for filing fee reimbursement. Plaintiff paid the requisite filing fee. {¶4} 4) Evidence has shown plaintiff s fan was packed at WCI, but was not forwarded to SOCF. {¶5} 5) Defendant contended all of plaintiff s missing property was located and returned to him. Incongruously, defendant requested plaintiff s claim be dismissed and filing fee damages be awarded. {¶6} 6) Plaintiff filed a response agreeing that his property was returned to him with the exception of his fan. He is requesting reimbursement for the fan and the filing fee. CONCLUSIONS OF LAW {¶7} Negligence on the part of defendant has been shown in respect to the loss of plaintiff s property. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD. {¶8} Defendant is liable to plaintiff in the amount of $13.00, 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. {¶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 $38.00, 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: Edward Jackson, #213-197 P.O. Box 45699 Lucasville, Ohio 45699 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 DRB/RDK/laa 6/15 Filed 6/29/04 Sent to S.C. reporter 7/23/04 For Defendants
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