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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued May 23, 2014
JASON RAMSEY
VS.
DIVISION OF CORRECTIONS
(CC-12-0021)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      This claim was submitted for decision without a hearing based upon the allegations in the Notice of Claim and Respondent's Answer.
      Claimant, an inmate at Martinsburg Correctional Center at the time of the incident, seeks to recover $85.93 for items of personal property that were never returned to him.
      In its Answer, Respondent admits the validity of the claim and that the amount is fair and reasonable with regard to the loss of property. The Court is aware that Respondent does not have a fiscal method for paying claims of this nature; therefore, the claim has been submitted to this Court for determination.
      This Court has held in prior claims that once a bailment situation is created, the respondent is responsible for property of an inmate which is taken from that inmate, remains in the respondent’s custody, and is not returned to the inmate.
      Accordingly, the Court is of the opinion to make an award to the Claimant herein in the amount of $85.93 for the cost of his property.
      Award of $85.93.
Summary:
     


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