OPINION ISSUED OCTOBER 13, 2000
JOHN A. EDENS
DIVISION OF CORRECTIONS
Claimant appeared pro se.
Joy M. Bolling, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant, formerly an inmate at the Mount Olive Correctional
Center, in Fayette County, seeks $863.00 for personal property that
was entrusted to respondent. When claimant entered respondent's
facility, he was informed that certain items of his personal
property were considered contraband. Employees of respondent
confiscated claimant's personal property and agreed to mail the
personal property to an address specified by claimant. When the
personal property did not arrive at the specified address within a
reasonable amount of time, claimant discovered that his property
was missing. Thus far, respondent's employees have been unable to
produce claimant's personal property.
In its Answer, respondent admits the validity of the claim in
the amount of $733.00, rather than the amount of $863.00. Claimant
is in agreement with respondent's assessment of this claim. 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 the 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 produced for return to the inmate.
Accordingly, the Court makes an award to the claimant herein
in the amount of $733.00.
Award of $733.00.