| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued May 23, 2014 | |
| JESSIE J. MCNEELY JR. | |
| VS. | |
| DIVISION OF CORRECTIONS | |
| (CC-11-0114) | |
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Claimant appeared pro se. Cynthia R. M. Gardner, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant, Jessie McNeely, an inmate at Mount Olive Correctional Complex at the time of the incident, brought this claim to recover the value of certain items of personal property that he alleges were converted by Respondent. The Claimant testified at the hearing of this matter that on October 20, 2010, he left a portable stereo and headphones in his lockbox and left to eat dinner. Claimant stated that when he returned his lockbox had been broken into and its contents stolen. Claimant valued the stolen property at $71.00. In his testimony, Claimant admitted that Respondent was most likely not responsible, that another inmate most likely stole the contents. Respondent argues that it cannot be held liable for an act that it did not commit. Here, the Court finds that Respondent had no knowledge of the incident, and Respondent cannot be held liable for the unauthorized act of another inmate. Based on Claimant’s own admission, the Court cannot make a recommendation that this claim be awarded. Accordingly, the Court is of the opinion to, and does hereby, deny Claimant’s claim. Claim disallowed. |
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| Summary: |
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