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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued May 23, 2014
ARON FREELAND
VS.
DIVISION OF CORRECTIONS
(CC-12-0177)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      Claimant, Aron Freeland, an inmate at Northern Correctional Facility, brought this claim to recover the value of certain items of personal property that he alleges were converted by Respondent while being transferred from Mount Olive Correctional Complex.
      The Claimant testified at the hearing of this matter that before his transfer to Northern Correctional Facility, he purchased a Brother Wordprocessor for creating files associated with a pending criminal case against him. Claimant states that Mount Olive Correctional Complex’s policy allows for the possession of a wordprocessor. Upon his arrival at Northern Correctional Facility, Claimant’s wordprocessor was confiscated as contraband in conformance with Policy Directive 400.03. Claimant’s property was sent to the inventory shop, and Claimant was informed that he could send the word processor out of the facility or it would be destroyed. Claimant signed the consent for inventory to be picked up on February 25, 2012. Claimant asks this Court to make an award for damages because he was forced to send his Brother Wordprocessor out of the facility.
      The Court does not reach the merits of the Claimant’s claim because Claimant has failed to establish any damages as a result of having to send his word processing machine out of the facility in conformance with Norther Correctional Facility’s Policy Directive. Because there are no damages, the Court cannot recommend an award in this claim.
      Accordingly, the Court is of the opinion to, and does hereby, deny Claimant’s claim.
      Claim disallowed.
     
Summary:
     


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