OPINION ISSUED OCTOBER 19, 1999
McDOWELL COUNTY CORRECTIONAL CENTER
DIVISION OF CORRECTIONS
Sidney H. Bell, Prosecuting Attorney, for claimant.
Joy M. Cavallo, Assistant Attorney General, for respondent.
This claim was submitted fo decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant, McDowell Couny Correctional Center, is responsible
for the incarceration of prisoners who have committed crimes in
McDowell County, but have been sentenced to facilities owed and
maintained by respondent, Division of Corrections. Claimant
brought this action to recover $224,690.14 in costs for providing
housing and/or medical care to 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
custody of the county for periods of time beyond the date of the
The Court previously determined in County Comm'n. of Mineral
County vs. Div. of Corrections,18 Ct. Cl. 88 (1990), that
respondent is liable to claimant for the cost of housing and
providing medical care to inmates sentenced to a State penal
Pursuant to the holding in Mineral County, respondent reviewed
this claim to determine the invoices for the services for which it
may be liable. Respondent then filed an Answer admitting the
validity of the claim in the amount of $224,690.14.
In view of the foregoing, the Court makes an award to claimant
in the amount of $224,690.14.
Award of $224,690.14 .