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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued May 23, 2014
BRANDON BLACKMON
VS.
DIVISION OF CORRECTIONS
(CC-11-0082)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      Claimant, Brandon Blackmon, an inmate at Mount Olive Correctional Complex at the time of the incident, brought this claim to recover the value of certain items of personal property that he alleges were converted by Respondent.
      The Claimant testified at the hearing of this matter that he was sentenced to sixty days of lockup for bad behavior. In order to keep his property, Respondent’s rules state that inmates must send personal property out through the U.S. Postal Service. Inmates may receive their personal property back once they serve their lockup time in segregation. Claimant stated that he arranged for all of his personal electronics to be mailed out of the facility to his people on the outside. Claimant alleges that when he was released from lockup he received all of his property except for a stereo. Claimant stated that he signed for the contents; however, the stereo was missing.
      Respondent argues that when they received the mail back from the post office that the stereo was missing. Respondent states that Claimant signed for the property, releasing Respondent from any liability.
      The Court finds that Claimant has failed to establish (1) that he actually possessed a stereo and (2) that Respondent misappropriated it. Claimant offers no evidence to prove that a bailment was created. 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.
     
Summary:
     


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