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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued December 18, 2014
MARK F. HANNA
VS.
DIVISION OF CORRECTIONS
(CC-12-0235)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      Claimant, Mark F. Hanna, an inmate at Mount Olive Correctional Complex, brought this claim to recover the value of certain items of personal property that were allegedly stolen due to Respondent’s failure to follow proper operational procedure.
      The Claimant testified at the hearing of this matter that on March 15, 2012, upon returning to his cell from breakfast, his lockbox had been broken into and one pair of athletic shoes valued at $129.99 were stolen. Claimant stated that this incident occurred because another inmate requested that officers give them a key to return to his cell because he had forgotten something. Claimant testified that instead of following proper procedure and accompanying the inmate to the cell with a key, the officer simply opened all cells electronically, allowing the inmate to enter any cell on the block. Claimant stated that this had become common practice due to a staff shortage at the facility. The Court heard testimony that operational procedure was not followed. The Claimant submitted an invoice for the cost of his shoes. Claimant exhausted all administrative remedies before filing his claim with the Court of Claims.
      Respondent’s witness, Micki Scott, testified that at the time there was not a manpower shortage at the facility. Mr. Scott also stated that protocol is to accompany the inmate to the cell–not to unlock the cell electronically for the inmates to enter the cells freely.
      Upon hearing all of the evidence, the Court is of the opinion that Respondent was negligent in it’s duty to safeguard the Claimant’s cell while the Claimant was at breakfast. The Court finds that an award in the amount of Claimant’s claim is proper.
      Accordingly, the Court is of the opinion to and does make an award to Claimant in the amount of $129.99.
      Award of $129.99.
     
Summary:
     


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