OPINION ISSUED FEBRUARY 14, 1989

STANLEY D. SATTERFIELD
VS.
DEPARTMENT OF CORRECTIONS

(CC-86-382)

Claimant appeared in person.
Timothy Murphy, Special Assistant Attorney General, for respondent.

PER CURIAM:

In July 1986, claimant, an inmate of the West Virginia Penitentiary, a
facility of the respondent,
followed the procedure set forth for having his clothing laundered. The
clothing was not returned
to him and he seeks $144.00 for his property loss.

Claimant explained that inmates serve as the laundry personnel. The
clothing is placed in bags
and taken to be laundered. The guards then deliver the laundered
clothing by placing the laundry
bags on the outside of the cells of the inmates.

James Kirby, Property Officer for the Penitentiary, testified that a
staff notice dated January
17, 1985 was applicable at the time of this incident. It provided as
follow: "The West Virginia
Penitentiary will not be responsible for loss, damage or theft of any
personal property received
by an inmate." Officer Kirby stated that once an inmate signs for
laundry, thereby assuming
responsibility for it, there is no method to account for its loss.
Inmates are issued an adequate
amount of clothing from the State. However, claimant's lost clothing was
not State-issued
clothing.

The Court is of the opinion that the State is not an insurer of the
personal clothing which
inmates choose to keep in their possession in a State facility.
Therefore, the Court is of the
opinion to, and does, disallow this claim.

Claim disallowed.