Clark v. Ohio State Penitentiary
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[Cite as Clark v. Ohio State Penitentiary, 2006-Ohio-7277.] IN THE COURT OF CLAIMS OF OHIO DAVID CLARK : Plaintiff : v. : CASE NO. 2006-01327-AD OHIO STATE PENITENTIARY : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) On July 25, 2006, this court issued an entry, whereby it considered a motion for recovery of costs to be filed in this case. However, on August 7, 2006, plaintiff submitted a letter indicating that he had erroneously captioned his motion for court review with the wrong case number, however, the motion to recover costs was purposely captioned in Case No. 2006-01319AD. Accordingly, the court s entry of July 25, 2006, with respect to the motion to recover costs is vacated. {¶ 2} 2) Plaintiff, David Clark, an inmate incarcerated at defendant, Ohio State Penitentiary ( OSP ), stated he was transferred to a segregation unit on or about May 12, 2005. Plaintiff explained he was permitted to possess certain property items while assigned to segregation, including a walkman and headphones. Therefore, according to plaintiff, he placed his walkman headphones and permitted permissible block. to have property in into his property segregation. was then taken pack-up Plaintiff to the OSP he was assumed his segregation Furthermore, plaintiff asserted he handed over his blue Case No. 2006-01327-AD -2- MEMORANDUM DECISION Dazzle shorts to OSP employee Officer Mobly when he entered segregation. Plaintiff pointed out he was not permitted to possess the Dazzle shorts while he was assigned to segregation and he later discovered he was not allowed to keep his walkman and headphones during the time he was in segregation. The shorts and the walkman and headphones were supposedly stored in the OSP vault along with plaintiff s other storage property. {¶ 3} 3) Plaintiff was subsequently released from segregation and regained possession of his stored property. Plaintiff stated that when he examined his returned property he noticed his headphones were broken and his Dazzle shorts were missing. Plaintiff contended his headphones were broken and his shorts were lost as a result of OSP staff mishandling his property during the maintained time he he was assigned immediately to reported property loss to OSP personnel. segregation. the issues Plaintiff regarding his Plaintiff filed this complaint seeking to recover $58.91, the total replacement cost of his shorts and headphones. Plaintiff argued his property items were lost and damaged as a proximate cause of negligence on the part of defendant in exercising control over the items. The filing fee was paid. {¶ 4} 4) Defendant initially denied ever receiving delivery of plaintiff s shorts when he entered segregation. contended plaintiff failed to provide sufficient Defendant evidence establish the cause of the damage to his headphones. to Defendant subsequently filed a supplemental investigation report admitting liability for plaintiff s loss and acknowledging he suffered Case No. 2006-01327-AD -2- MEMORANDUM DECISION damages in the amount of $58.91, plus the filing fee. {¶ 5} 5) Plaintiff filed a response. filed a motion to amend the prayer In the response, he amount to include costs incurred filing his complaint. CONCLUSIONS OF LAW {¶ 6} 1) Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. {¶ 7} 2) Plaintiff is not entitled to expenses related to the prosecution of his case. Hamman v. Witherstrine (1969), 20 Ohio Misc. 77, 252 N.E. 2d 196. {¶ 8} 3) The court finds defendant liable to plaintiff in the amount of $58.91, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department (1990), 62 Ohio Misc. 2d 19. of Rehabilitation and Correction IN THE COURT OF CLAIMS OF OHIO DAVID CLARK : Plaintiff : v. : CASE NO. 2006-01327-AD OHIO STATE PENITENTIARY : ENTRY OF ADMINISTRATIVE DETERMINATION Defendant : : : : : : : : : : : : : : : : : : Plaintiff s motion to amend the prayer amount of his case is DENIED. 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 $83.91, 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: David Clark, #254-389 878 Coitsville-Hubbard Road Youngstown, Ohio 44505 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 Filed 9/19/06 Sent to S.C. reporter 6/5/07
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