OPINION ISSUED DECEMBER 6, 1999
DEWAINE C. KING
DIVISION OF CORRECTIONS
Claimant appeared pro se.
Joy M. Cavallo, Attorney at Law, for respondent.
Claimant brought this action for destruction of personal
roperty and alleged harassment by employees of respondent at the
Mt. Olive Correctional Center. Claimant currently is an inmate at
Mt. Olive Correctional Center in Fayette County. The Court is of
the opinion to deny this claim for the reasons more fully stated
In early June 1999, claimant alleges that he was accused of
having an affair with an employee of Mt. Olive Correctional
Center. During the investigation, claimant was retained in a
holding cell for three hours while guards conducted a search of
claimant's cell. According to claimant, the cell was left in
disarray and his property was not given reasonable care.
Transcripts from claimant's criminal circuit court case, as well as
a book, The Jail House Lawyer's Litigation Manual, were destroyed.
However, claimant acknowledged that this book was still legible
even though some of the pages had been wet and were torn. Claimant
also acknowledged that he could obtain free transcripts of his
criminal circuit court case by contacting his attorney at the West
Virginia Public Defender's Office.
The Court, having reviewed the record in this claim, is of the
opinion that claimant's personal property was not destroyed by
respondent's employees during the investigation. Claimant has
possession of his book and it is still legible and useable. No
further evidence regarding the destruction of the book was produced
by claimant. Consequently, there is insufficient evidence of
negligence on which to base an award.
In view of the foregoing, this Court is of the opinion to and
does deny this claim.