OPINION ISSUED FEBRUARY 3, 1989
TIMOTHY PAUL HIVELY
VS.
DEPARTMENT OF CORRECTIONS
(CC-88-48)
No appearance by claimant.
Timothy Murphy, Special Assistant Attorney General, and Janet F.
Steele, Assistant General,
for respondent.
PER CURIAM:
This claim was submitted for decision based upon the allegations
in the
Notice of Claim and
the respondent Answer. The Court observed that Lieutenant Colonel
Eisenhower and A.V.
Dodrill, Commissioner of the Department of Corrections, were
included in
the style. Counsel for
the respondent mad a motion to amend the style of the claim to
dismiss
the individual
respondents, leaving the Department of Corrections as the proper
party
respondent. The Court
sustained this motion.
Claimant seeks $142.00 for a pair of prescription glasses
purchased for
him by his mother.
The glasses were either lost, stolen, or destroyed when claimant
was
transported from the West
Virginia State Penitentiary in Moundsville to the Ohio County
correctional facility on December
11, 1986.
The respondent admits the validity and amount of the claim and
states
that there were sufficient
funds expired in the appropriate fiscal year with which the claim
could
have been paid.
In view of the foregoing, the Court makes an award in the amount
sought.
Award of $142.00.