OPINION ISSUED JANUARY 7, 2000
GARY PHILLIPS
VS.
REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY
(CC-99-468)

Claimant appeared pro se.

Joy M. Cavallo, Assistant Attorney General, for respondent.
PER CURIAM:

This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.

Claimant, formerly an inmate at the Southern Regional Jail,
had some of his personal property, including a pair of Gortex Rocky
boots with a thousand grams of thinsulate, inventoried and stored
during his period of his incarceration by respondent's Southern
Regional Jail employees. When claimant inspected his inventoried
and stored personal property items, he discovered that his boots
were missing. Thus far, respondent's Southern Regional Jail
employees have been unable to produce claimant's boots, which had
an estimated value in the amount of $200.00.

In its Answer, respondent admits the validity of the claim
and that the amount is fair and reasonable. The Court is aware
that respondent does not have a fiscal method for paying claims of
this nature; therefore, the claim has been submitted to this Court
for determination.

This Court has taken the position in prior claims that if a
bailment situation has been created, respondent is responsible for
property of an inmate which is taken from that inmate, remains in
its custody, and is not produced for return to the inmate.

Accordingly, the Court is of the opinion to and does makes an
award to the claimant for the value of his lost property in the
amount of $200.00.

Award of $200.00.
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