OPINION ISSUED FEBRUARY 5, 1993
RALEIGH COUNTY COMMISSION
DIVISION OF CORRECTIONS
Larry Frail, Prosecuting Attorney of Raleigh County, for claimant.
George P. Stanton, III, Assistant Attorney General, for respondent.
This claim was submitted for determination upon the Answer filed by the respondent and
correspondence received from the claimant, wherein the claimant agreed to accept the amount stated
in the Answer as settlement of the claim.
Claimant, County Commission of Raleigh County, provides and maintains a facility for the
incarceration of prisoners who have committed crimes in Raleigh County. Some of the prisoners held
in the county facility have been sentenced to facilities owned and maintained by the respondent,
Division of Corrections. Claimant brought this action to recover the costs of housing for prisoners
who have been sentenced to a State penal institution, but due to circumstances beyond the control
of the county, these prisoners have had to remain in the county prison facility for periods of time
beyond the date of the commitment order.
The Court previously determined in the County Comm'n. of Mineral County v. Div. of Corrections,
as unpublished opinion of the Court of Claims issued November 21, 1990, that the respondent is
liable to the claimant for the cost of housing these inmates.
Pursuant to the holding in the Mineral County Opinion, the respondent reviewed this claim to
determine the number of inmate days for which respondent may be liable. Respondent then filed an
Answer admitting the validity of the claim and that the amount of $95,000.00 is a fair and reasonable
settlement of the claim.
In view of the foregoing, the Court makes an award to claimant in the amount of $95,000.00.
Award of $95,000.00.