| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued August 19, 2014 | |
| NEIL WILLIAMS | |
| VS. | |
| DIVISION OF CORRECTIONS | |
| (CC-10-0695) | |
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Claimant appeared pro se. Cynthia R. M. Gardner, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant, Neil Williams, an inmate at Mount Olive Correctional Complex at the time of the incident, brought this claim to recover the value of certain personal property items that he alleges were converted by Respondent due to his inability to send the items outside of the institution to a safe location. The Claimant testified at the hearing of this matter that numerous items of personal property including a sweatshirt, pants, radio, tapes, batteries, caps, postage stamps, masking tape, and books were destroyed by Respondent because Claimant could not send the items outside to a safe location. The value of these items was estimated to total $259.00. Claimant was placed in “lock up” on a disciplinary write up for a definite term of sixty (60) days; therefore, Claimant lost sixty (60) days of privileges, which included possession of his personal property items. Claimant was given the option, per Respondent’s operational procedure, to ship the items home or to an outside location until such time that he regained his privileges. Because Claimant did not have a location outside of Respondent’s facility, Respondent destroyed the items. Claimant asserts that by destroying his items of personal property that Respondent violated his due process rights. Claimant has exhausted his administrative remedies, but Claimant has not received satisfaction. Claimant now asks this Court to recommend an award to the Legislature in the amount of $259.00. Respondent asserts that the operational procedure is clear and that Respondent should not make exceptions for inmates without friends or families outside of the facility to whom they can ship items of personal property. Respondent’s position is that inmates without a place to send personal belongings should not violate prison rules if they wish to retain their property. Respondent did not provide witness testimony. Based on the foregoing, the Court finds that due to the impossibility of Claimant being able to ship his personal property outside the facility, when all other inmates are afforded that option, the claimant should be compensated for his losses. Operational Procedure 4.03's goal is to provide for a means for inmates to retain their property. It should not operate to deny some inmates the right simply because they have no viable affiliations outside of the facility. Based on these narrow facts, the Court finds that the State has a moral obligation to compensate this inmate. Accordingly, the Court is of the opinion to and does make an award to Claimant in the amount of $259.00. Award of $259.00. |
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| Summary: |
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