|Volume Number: 30
Category(s): PRISONS AND PRISONERS
|Opinion Issued February 5, 2014|
|DIVISION OF CORRECTIONS|
Claimant appeared pro se.
Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
| PER CURIAM:
Claimant, Bobby Roddy, an inmate at Mount Olive Correctional Center, brought this claim to recover money that he alleges was wrongly deducted by Respondent from Claimant’s trust account.
The Claimant testified at the hearing of this matter that he owes the Respondent facility money for copies and mail pertaining to a legal matter. However, Claimant argues that while the Respondent is legally entitled to only take 30 percent, it is actually taking 100 percent of his funds, which is leaving him with no money in his account. Claimant alleges that the total amount taken from him improperly totals $56.45. Respondent offered no evidence to refute Claimant’s argument. Pursuant to W. Va. Code §25-1A-3, the facility may not deduct more than thirty percent of the average balance of the inmates account in order to recoup filing fees.
In the present claim, the evidence adduced at the hearing established that Respondent had been deducting 100 percent of Claimant’s funds without regard to the thirty percent deduction rule. Therefore, the Court finds that Respondent is liable in this claim for the amount of Claimant’s missing funds.
Accordingly, the Court is of the opinion to and does make an award to Claimant in the amount of $56.45.
Award of $56.45.