Bonner v. N. Cent. Correctional Inst.

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[Cite as Bonner v. N. Cent. Correctional Inst., 2006-Ohio-7187.] IN THE COURT OF CLAIMS OF OHIO ALONZO L. BONNER, SR. : Plaintiff : v. : CASE NO. 2005-10616-AD NORTH CENTRAL CORRECTIONAL INSTITUTION : MEMORANDUM DECISION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) inmate On December 7, 2004, plaintiff, Alonzo Bonner, an incarcerated at defendant, North Central Correctional Institution ( NCCI ), was transferred from his work assignment area to a segregation plaintiff s personal unit. property Incident was packed, to this transfer, inventoried, and delivered into the custody of NCCI staff. {¶ 2} 2) NCCI to On February 11, 2005, plaintiff was transferred from the Trumbull Correctional Institution ( TCI ). Plaintiff s personal property items were also transferred to TCI at this time. {¶ 3} 3) Before plaintiff was transferred to TCI, he complained several property items were missing from his packed property which was under the custody and care of NCCI staff. Plaintiff complained defendant s personnel failed to pack the following: one blanket, one pair of Nike cross trainer shoes, one pair of Timberland deck shoes, one pair of Timberland tennis shoes, seven t-shirts (one Nike brand), five towels, three pairs Case No. 2005-10616-AD -2- MEMORANDUM DECISION of gym shorts (one Nike brand), one jWIN CD player, one set of Sony headphones, one jWIN radio/cassette player, one beard trimmer, five compact discs, eight cassette tapes, one adaptor, one pair of Panasonic headphones, one set of ear buds, a pair of weight lifting gloves, one mug, one mirror, pajamas, one pair of undershorts, albums made legal containing on transcripts fifty-six December 1, and police photographs, 2004, consisting reports, two commissary of food photo purchases and tobacco products, and commissary purchases made on December 7, 2004, consisting of food, soap, a card, and an envelope. Plaintiff claimed property worth $1,098.37 has been missing since December 7, 2004. {¶ 4} 4) Plaintiff filed this complaint alleging his property was either not packed by TCI personnel or was lost while under the control damages. the TCI employees. Plaintiff seeks $1,098.37 in The filing fee was paid. {¶ 5} 5) for of Defendant admitted liability in the amount of $29.95 loss of plaintiff s blanket. Defendant maintained additional property items plaintiff reported were missing when he filed recovered a or grievance never on January packed. The 20, 2005, reported may have missing been property included food and tobacco products, soap, a beard trimmer, five towels, a greeting card, an envelope, a lamp, a fan, and a blanket. Defendant submitted a copy of plaintiff s property inventory dated December 7, 2004. This inventory plaintiff s fan, light, soap, and blanket were packed. records No food, tobacco products, greeting cards, or envelope are listed on the Case No. 2005-10616-AD -2- MEMORANDUM DECISION December 7, 2004, inventory. Defendant presumedly did not pack these articles incident to plaintiff s transfer to segregation. Plaintiff did not complain about any additional missing property other than the items listed on the January 20, 2005, grievance. Defendant denied losing any property (other than the blanket) which was packed on December 7, 2004. Defendant denied receiving delivery of any property not listed on the December 7, 2004, property inventory. {¶ 6} 6) by NCCI Plaintiff responded contending his property was lost personnel at some period between the time of the December 7, 2004, pack-up and the date plaintiff was transferred to TCI, February 11, 2005. Copies of plaintiff s property inventories dated December 7, 2004, and February 11, 2005, were submitted. Some property items listed on the December 7, 2004, inventory are not recorded on the February 11, 2005, inventory. A blanket, a CD player, six compact discs, three pairs of gym shorts, six t-shirts, and eleven bars of soap are listed among the packed items on the December 7, 2004, inventory. The February 11, 2005, inventory lists four t-shirts, one pair of gym shorts, five compact discs, and three bars of soap. blanket or CD player is listed on this inventory. No The trier of fact finds a blanket, a CD player, two t-shirts, two pairs of gym shorts, one compact disc, and eight bars of soap were lost while under the control of NCCI staff. All other property items claimed by plaintiff were either never packed by defendant or packed and ultimately returned to plaintiff s possession. CONCLUSIONS OF LAW Case No. 2005-10616-AD {¶ 7} 1) (1976), -2- MEMORANDUM DECISION This court in Mullett v. Department of Correction 76-0292-AD, held that defendant does not have the liability of an insurer (i.e., is not liable without fault) with respect to inmate property, but that it does have the duty to make reasonable attempts to protect, or recover such property. {¶ 8} 2) Although not strictly responsible for a prisoner s property, defendant had at least the duty of using the same degree of care as it would use with its own property. Henderson v. Southern Ohio Correctional Facility (1979), 76-0356-AD. {¶ 9} 3) Plaintiff has the burden of proving, by a preponderance of the evidence, that he suffered a loss and that this loss was proximately caused by defendant s negligence. Barnum v. Ohio State University (1977), 76-0368-AD. {¶ 10} 4) Plaintiff must produce evidence which affords a reasonable basis for the conclusion defendant s conduct is more likely than not a substantial factor in bringing about the harm. Parks v. Department of Rehabilitation and Correction (1985), 8501546-AD. {¶ 11} 5) action, In order plaintiff reasonable basis furnishes a to must for basis recover against produce evidence sustaining for only a defendant which in tort furnishes his claim. If his a guess, among a evidence different possibilities, as to any essential issue in th case, he fails to sustain the burden as to such issue. (1954), 161 Ohio St. 82. Landon v. Lee Motors, Inc. Case No. 2005-10616-AD {¶ 12} 6) property -2- Plaintiff s items to MEMORANDUM DECISION failure defendant to prove constitutes delivery a of failure certain to show imposition of a legal bailment duty on the part of defendant in respect to lost property. Prunty v. Department of Rehabilitation and Correction (1987), 86-02821-AD. {¶ 13} 7) In respect to the loss of a blanket, a CD player, one compact disc, two t-shirts, two pairs of gym shorts, and eight bars of soap, plaintiff has proven, by a preponderance of the evidence, negligence on the part of defendant. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. {¶ 14} 8) The court finds defendant liable to plaintiff in the amount of $150.00, 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. {¶ 15} 9) Plaintiff has failed to prove, by a preponderance of the evidence, any additional items of his property were lost or stolen as attributable a proximate to result defendant. of any Fitzgerald negligent v. Rehabilitation and Correction (1998), 97-10146-AD. conduct Department of Case No. 2005-10616-AD -2- MEMORANDUM DECISION IN THE COURT OF CLAIMS OF OHIO ALONZO L. BONNER, SR. : Plaintiff : v. : CASE NO. 2005-10616-AD NORTH CENTRAL CORRECTIONAL INSTITUTION : ENTRY OF ADMINISTRATIVE DETERMINATION : Defendant : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons concurrently set forth herewith, in the judgment is memorandum rendered decision in filed favor of plaintiff in the amount of $175.00, 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: Alonzo L. Bonner, Sr., #450-022 P.O. Box 540 St. Clairsville, Ohio 43950 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 RDK/laa 5/9 Filed 6/1/06 Sent to S.C. reporter 3/1/07 For Defendant

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