OPINION ISSUED FEBRUARY 3, 1989
TIMOTHY PAUL HIVELY
DEPARTMENT OF CORRECTIONS
No appearance by claimant.
Timothy Murphy, Special Assistant Attorney General, and Janet F.
Steele, Assistant General,
This claim was submitted for decision based upon the allegations
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
the style. Counsel for
the respondent mad a motion to amend the style of the claim to
respondents, leaving the Department of Corrections as the proper
respondent. The Court
sustained this motion.
Claimant seeks $142.00 for a pair of prescription glasses
him by his mother.
The glasses were either lost, stolen, or destroyed when claimant
transported from the West
Virginia State Penitentiary in Moundsville to the Ohio County
correctional facility on December
The respondent admits the validity and amount of the claim and
that there were sufficient
funds expired in the appropriate fiscal year with which the claim
have been paid.
In view of the foregoing, the Court makes an award in the amount
Award of $142.00.