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West Virginia Court of Claims

Volume Number: 29
Category(s): PRISONS AND PRISONERS
Opinion Issued September 15, 2011
BRENT M. COMBS
VS.
REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY
(CC-11-0048)
     Claimant appeared pro se.
     Gretchen A. Murphy, Assistant Attorney General, for Respondent.
     PER CURIAM:
      This claim was submitted for decision without a hearing based upon the allegations in the Notice of Claim and Respondent's Answer.
      Claimant, an inmate at Potomac Highlands Regional Jail at the time of the incident, seeks to recover $15.45 for a book that was taken from his possession and never returned to him or placed with his personal property.
      In its Answer, Respondent admits the validity of the claim and that the amount is fair and reasonable.
      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 make an award to the Claimant herein in the amount of $15.45.
      Award of $15.45.
Summary:
     


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