| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued May 23, 2014 | |
| STEPHEN HUNT | |
| VS. | |
| REGIONAL JAIL AUTHORITY | |
| (CC-12-0603) | |
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Claimant appeared pro se. Stephen R. Connolly, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant, Stephen Hunt, an inmate at Southern Regional Jail, 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 when he was booked into Southern Regional Jail his personal belongings, which included one pair of American Eagle Jeans, one American Eagle Polo Shirt, one fitted Alabama hat, one American Eagle Belt, and one pair of Nike Air Force shoes, were inventoried. However, Claimant testified that upon his release from Southern Regional Jail his personal property was never returned to him. Claimant estimates the value of his personal property at $310.00. Claimant argues that a bailment was created between himself and Respondent, and that Respondent is liable for failing to return his personal property items upon his release from Southern Regional Jail. It is the law in West Virginia that the creation of a bailment situation “imposes upon the bailee the obligation to exercise reasonable and ordinary care for the safety of the property so delivered.” Barnette v. Casey, 124 W. Va. 143, This Court has held that a bailment exists when Respondent records the personal property of an inmate and takes it for storage purposes, and then has no satisfactory explanation for not returning it. Page v. Division of Corrections, 23 Ct. Cl. 238 (2000); Heard v. Division of Corrections, 21 Ct. Cl. 151 (1997). Here, Respondent provided the Court with evidence that Claimant signed the inventory form certifying that he had received his property upon his release from Southern Regional Jail. Since Claimant signed the form, the Court cannot make a recommendation for an award in this claim absent some proof from Claimant proving otherwise. 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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