| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued May 23, 2014 | |
| RICHARD KARTMAN | |
| VS. | |
| DIVISION OF CORRECTIONS AND REGIONAL JAIL AUTHORITY | |
| (CC-11-0167) | |
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Claimant appeared pro se by telephone. Cynthia R. M. Gardner, Assistant Attorney General, for Respondent Division of Corrections. |
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| PER CURIAM:
Claimant, Richard Kartman (#47208), an inmate at Huttonsville Correctional Center, brought this claim to recover the value of 343 U.S. Postal Service stamps valuing $150.92, which he alleges were wrongly converted as contraband by Respondent Division of Corrections based on Respondent Division of Correction’s negligent failure to discover the stamps at the time of his transfer from Respondent Regional Jail Authority’s facility to Mount Olive Correctional Complex. Claimant also claims the amount of $85.60 for processing fees and other costs associated with making this claim. The Court is of the opinion to deny these claims for the reasons more fully stated below. The uncontested facts are as follows: Claimant was transferred from a Regional Jail facility on July 17, 2009, to Mount Olive Correctional Complex (a facility controlled by Respondent Division of Corrections). At that time, Claimant placed all personal property, including 343 postage stamps, in a black bag and prepared for transfer. Once at Mount Olive Correctional Complex, Claimant recovered his personal property, including the 343 postage stamps. Claimant later became aware of a policy at Mount Olive Correctional Complex that limited the amount of stamps to be possessed by an inmate at twenty (20). Claimant testified that he learned about this policy upon being released to mainline population on August 17, 2009. Claimant admitted that he consulted with other inmates about how to proceed given the fact that he was in violation of the stamp policy. Claimant did nothing to inform Respondent Division of Corrections. On January 15, 2010, Claimant was written up for refusing an order by Division of Corrections authorities. On January 28, 2010, after serving time in punitive segregation, Claimant’s property was inventoried, at which time Respondent discovered the stamps. The stamps were quickly disposed of as contraband per Respondent’s policy. Claimant was subsequently found guilty of possessing contraband and sentenced to punitive segregation. Claimant now seeks to recover the value of the stamps. As support for this contention, Claimant states that Respondents were negligent for failing to notify Claimant of the policy of Division of Corrections as it pertains to stamp possession. Claimant also asserts that Respondents should have discovered the stamps upon his arrival at Mount Olive Correctional Complex. The position of the Respondents is that neither Regional Jail Authority nor Division of Corrections had a duty to inform Claimant of the particulars of the change in policy. Therefore, Respondents argue that neither is liable. The Court reviews this claim under its original jurisdiction to make award recommendations based upon a moral obligation of the State of West Virginia. In the instant case, the Claimant did not submit proof that he in fact did possess the quantity of stamps for which he makes a claim. Also, the Court notes that Claimant became aware of the policy on August 17, 2009, and did nothing to mitigate his loss until the time of discovery on January 28, 2010. Assuming arguendo that the stamps existed, the Court still cannot recommend an award to the Claimant based upon Claimant’s own failure to mitigate his losses. In view of the foregoing, the Court is of the opinion to, and does hereby, deny this claim. Claim disallowed. |
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| Summary: |
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