| Volume Number: 30
Category(s): PRISONS AND PRISONERS |
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| Opinion Issued January 12, 2015 | |
| JASON S. WILLIAMS | |
| VS. | |
| DIVISION OF CORRECTIONS | |
| (CC-11-0697) | |
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Claimant appeared pro se. Cynthia R.M. Gardner, Assistant Attorney General, for Respondent. |
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| PER CURIAM:
Claimant, Jason S. Williams, an inmate at Mount Olive Correctional Complex, brought this claim to recover the value of certain personal property items that he alleges were wrongly converted by Respondent. The Claimant testified at the hearing of this matter that on September 21, 2011, officers searched his and his cell-mate’s cell and discovered numerous articles of food officers determined to be contraband. Officers determined the food to be contraband because neither inmate had receipts for the food. Claimant stated that the officer informed them that in-cell food items must have receipts or the inmate is in violation of policy. Claimant stated that the food that was seized was not his cell-mate’s but was actually his since the inmates commingled their food. The officer allegedly told the Claimant that he would receive an S1 seizure form, but Claimant never did receive a seizure form. The Claimant’s cell-mate did receive an S1 seizure form, but the items seized were the Claimants’. Claimant alleges that the total value of the food items taken were $67.23. Respondent argues that personal property items were commingled and that Claimant was using the food items in order to trade and sell–a direct violation of institutional procedure. Here, the Court finds that Claimant had a legitimate right to store his food items in his cell, regardless of whether or not they were commingled with his cell-mate’s items. Respondent has not proffered any procedures that negate Claimant’s right to do so. The Court has calculated the amount that is fair and reasonable based on Claimant’s own testimony as to the cost of the food items, and the Court has determined that a fair and reasonable amount to be paid to Claimant is $48.74. Therefore, the Court recommends an award be paid in this claim by the Legislature. Accordingly, the Court is of the opinion to and does make an award to Claimant in the amount of $48.74. Award of $48.74. |
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| Summary: |
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