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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued August 19, 2014
YESSER ABDELHAQ
VS.
DIVISION OF CORRECTIONS
(CC-14-0915)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      This claim was submitted for decision without a hearing based upon the allegations in the Notice of Claim and Respondent's Answer.
      Claimant, an inmate at Mount Olive Correctional Complex at the time of the incident, seeks to recover $20.95 for a pair of earbuds and $3.18 for postage and copies. Claimant alleges that the earbuds were taken and were never returned to him.
      In its Answer, Respondent admits the validity of the claim and that the amount is fair and reasonable with regard to the loss of Claimant’s earbuds. However, the Respondent denies liability with regard to the postage and copies claimed by the Claimant. The Court is aware that Respondent does not have a fiscal method for paying claims of this nature; therefore, the claim has been submitted to this Court for determination.
      This Court has taken the position in prior claims that if a bailment situation has been created, Respondent is responsible for property of an inmate which is taken from that inmate, remains in its custody, and is not returned to the inmate.
      The Court does not reach an opinion as it relates to the postage and copies claimed by Claimant. Should Claimant wish to pursue $3.18 for copies and postage, he may do so by writing to the Clerk of Court and asking that this claim be placed on the Court’s docket for consideration at a later date.
      Accordingly, the Court is of the opinion to make an award to the Claimant herein in the amount of $20.95 for the cost of his property.
      Award of $20.95.
     
Summary:
     


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