Talbert v. Belmont Correctional Inst.

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[Cite as Talbert v. Belmont Correctional Inst., 2008-Ohio-6860.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us RICHARD TALBERT Plaintiff v. BELMONT CORRECTIONAL INSTITUTION Defendant Case No. 2008-02754-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Richard Talbert, an inmate incarcerated at defendant, Belmont Correctional Institution ( BeCI ), asserted BeCI staff honored a forged cash slip resulting in unauthorized withdrawals from his inmate account totaling $700.00, the amount withdrawn from his inmate account. The filing fee was paid. {¶ 2} 2) Defendant filed an investigation report admitting liability for plaintiff s loss and acknowledging plaintiff suffered damages in the amount of $700.00. CONCLUSIONS OF LAW {¶ 3} 1) Negligence on the part of defendant has been established. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. {¶ 4} 2) Plaintiff suffered damages in the amount of $700.00, plus the $25.00 filing fee, which may be awarded as compensable costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990. Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us RICHARD TALBERT Plaintiff v. BELMONT CORRECTIONAL INSTITUTION Defendant Case No. 2008-02754-AD Deputy Clerk Daniel R. Borchert ENTRY OF ADMINISTRATIVE DETERMINATION 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 $725.00, which includes the filing fee. Court costs are assessed against defendant. DANIEL R. BORCHERT Deputy Clerk Entry cc: Richard Talbert, #493-339 68518 Bannock Road, S.R. 331 Gregory C. Trout, Chief Counsel Department of Rehabilitation St. Clairsville, Ohio 43950 RDK/laa 9/24 Filed 10/1/08 Sent to S.C. reporter 12/19/08 and Correction 1050 Freeway Drive North Columbus, Ohio 43229

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