Powell v. Chillicothe Corr. Inst.

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[Cite as Powell v. Chillicothe Corr. Inst., 2006-Ohio-7243.] IN THE COURT OF CLAIMS OF OHIO TYRONE Q. POWELL, SR. : Plaintiff : v. : CASE NO. 2006-01149-AD CHILLICOTHE CORRECTIONAL INSTITUTION : MEMORANDUM DECISION : Defendant : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On June 29, 2005, plaintiff, Tyrone Q. Powell, Sr., an inmate incarcerated at defendant, Chillicothe Correctional Institution was transferred to a segregation unit. On June 30, 2005, CCI staff packed plaintiff s property. {¶ 2} 2) Plaintiff transferred to asserted segregation, that an sometime unidentified after he individual was broke into his locked locker box and stole a bottle of vitamins, a pair of insoles, a pack of cigarettes, a deck of cards, a tube of toothpaste, a shower bag, and a denture plate. Plaintiff contended his property was left unsecured by defendant after his transfer to segregation, and consequently, defendant facilitated theft attempts. Plaintiff filed this complaint seeking to recover $97.04, the estimated value of the stolen items, plus a claim for a broken lock. {¶ 3} 3) Defendant property limited loss, to but $20.00. The filing fee was waived. admitted asserted Defendant liability plaintiff s explained plate is being replaced free of charge. {¶ 4} 4) Plaintiff filed a response. for damages plaintiff s should plaintiff s be denture CONCLUSIONS OF LAW {¶ 5} 1) Negligence on the part of defendant has been shown in respect to the issue of property protection. Billups v. Department of Rehabilitation and Correction (2001), 2000-10634AD; jud. {¶ 6} 2) As trier of fact, this court has the power to award reasonable damages based on evidence presents. Sims v. Southern Ohio Correctional Facility (1988), 61 Ohio Misc. 2d 239. {¶ 7} 3) The court finds defendant liable to plaintiff in the amount of $20.00. IN THE COURT OF CLAIMS OF OHIO TYRONE Q. POWELL, SR. : Plaintiff : v. : CASE NO. 2006-01149-AD CHILLICOTHE 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 memorandum is plaintiff in the amount of $20.00. against defendant. The clerk shall rendered decision in filed favor Court costs are assessed serve upon all parties notice of this judgment and its date of entry upon the journal. DANIEL R. BORCHERT Deputy Clerk Entry cc: Tyrone Q. Powell, Sr., #449-381 P.O. Box 5500 Chillicothe, Ohio 45601 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 For Defendant RDK/laa 8/1 of Filed 8/17/06 Sent to S.C. reporter 4/5/07

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