Klein v. Corr. Reception Ctr.

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[Cite as Klein v. Corr. Reception Ctr., 2006-Ohio-7242.] IN THE COURT OF CLAIMS OF OHIO HAROLD A. KLEIN : Plaintiff : v. : CASE NO. 2006-02641-AD CORR. RECEPTION CTR. : MEMORANDUM DECISION Defendant : : : : : : : : : : : : : : : : : : FINDINGS OF FACT {¶ 1} 1) Plaintiff, Harold A. Klein, an inmate incarcerated at defendant, Correctional Reception Center ( CRC ), stated his television set was intentionally damaged on July 18, 2005, by inmate John Perisie. Apparently, inmate Perisie entered plaintiff s cell and poured tea and sugar water into the back of the television destroying the internal workings. {¶ 2} 2) Plaintiff contended defendant should be held liable for the damage to his television set due to negligence on the part of CRC personnel in failing to provide adequate protection. Plaintiff consequently filed this complaint seeking to recover $130.00 for property reimbursement. {¶ 3} 3) Defendant inmates. plus $25.00 for filing fee The filing fee was paid. Defendant denied plaintiff s loss, CRC property denied was from any liability charged the with in this any duty intentional acts to of matter. protect fellow Case No. 2006-02641-AD {¶ 4} 4) -2- Plaintiff MEMORANDUM DECISION responded, insisting defendant was negligent in failing to provide adequate security to protect his television set. CONCLUSIONS OF LAW {¶ 5} 1) (1976), 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. {¶ 6} 2) Defendant is not responsible for acts committed by inmates unless an agency relationship is shown or it is shown that defendant was negligent. Walker v. Southern Ohio Correctional Facility (1978), 78-0217-AD. {¶ 7} 3) 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. {¶ 8} 4) action, In order to recover against a defendant in a tort plaintiff reasonable basis furnishes a must for basis produce sustaining for only evidence which furnishes his claim. If his a guess, among a evidence different possibilities, to any essential issue in the case, he fails to sustain the burden as to such issue. Landon v. Lee Motors, Inc. (1954), 161 Ohio St. 82. {¶ 9} 5) Plaintiff has failed to show any causal connection between any damage to his television set and any breach of a duty owed by defendant in regard to protecting inmate property. Case No. 2006-02641-AD -2- MEMORANDUM DECISION Druckenmiller v. Mansfield Correctional Inst. (1998), 97-11819AD; Melson v. Department of Rehabilitation and Correction, 2003Ohio-3615. Case No. 2006-02641-AD -2- MEMORANDUM DECISION IN THE COURT OF CLAIMS OF OHIO HAROLD A. KLEIN : Plaintiff : v. : CASE NO. 2006-02641-AD CORR. RECEPTION CTR. : ENTRY OF ADMINISTRATIVE DETERMINATION Defendant : : : : : : : : : : : : : : : : : : Having considered all the evidence in the claim file and, for the reasons concurrently defendant. set forth herewith, in the judgment is memorandum rendered decision in filed favor Court costs are assessed against plaintiff. of 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: Harold A. Klein, #213-193 11271 St. Rt. 762 Orient, Ohio 43146 Plaintiff, Pro se Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229 For Defendant Case No. 2006-02641-AD RDK/laa 7/21 Filed 8/4/06 Sent to S.C. reporter 4/5/07 -2- MEMORANDUM DECISION

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