| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued May 23, 2014 | |
| TEX G. HOLBROOK II | |
| VS. | |
| DIVISION OF CORRECTIONS | |
| (CC-12-0079) | |
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Claimant appeared pro se. Cynthia R. M. Gardner, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant, Tex Holbrook, an inmate at Mount Olive Correctional Complex on the date of the incident, brought this claim to recover the value of certain items of personal property that he alleges were destroyed improperly by Respondent. The Claimant testified at the hearing of this matter that on November 18, 2011, that correctional officers destroyed a dollhouse that he had created originally from approved materials. Claimant’s dollhouse was quite elaborate, with a weathervane and fully functional windows. One fixture of the dollhouse happened to be LED lights which ran the length of some portion of the dollhouse. The LED lights were powered by a battery. At some point, the time is not entirely clear, Claimant was sent to segregation where he was told that the LED lights were a clear violation of Respondent’s policy directive. Claimant was then informed that the dollhouse would have to be destroyed or he could send the dollhouse out of the facility. While Claimant in segregation Claimant failed to arrange for the dollhouse to be sent out, thus it was destroyed by correctional authorities on November 18, 2011. Claimant contends that only the LED lights violated the complex rules and that it could have abated by simply removing the battery. Respondent on the other hand argues that policy dictates that where one component of the whole is contraband, then it must all be abated. Claimant presented no evidence to show that Policy Directive 2.11 did not apply to his dollhouse. It is clear from the testimony that Claimant had an opportunity to send out the dollhouse and that he failed to do so within the thirty day time frame. Therefore, the Court cannot recommend an award in this claim. Accordingly, the Court is of the opinion to, and does hereby, deny Claimant’s claim. Claim disallowed. |
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| Summary: |
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