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West Virginia Court of Claims

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued August 27, 2013
DALE SHOOP
VS.
DIVISION OF CORRECTIONS
(CC-13-0339)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, 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 Mount Olive Correctional Complex at the time of the incident, seeks to recover $19.49 for items of personal property that were never returned to him. The Claimant also seeks to recover $20.00 for mental anguish due to “being played as a fool the past couple months.”
      In its Answer, Respondent admits the validity of the claim and that the amount is fair and reasonable with regard to the loss of property. However, Respondent denies any liability with regard to Claimant’s claim for mental anguish. 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 returned to the inmate. This Court will not however award emotional damages in property claims where the Claimant was not injured due to some intentional or negligent act.
      Accordingly, the Court is of the opinion to make an award to the Claimant herein in the amount of $19.49 for the cost of his property.
      Award of $19.49.
Summary:
     


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