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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued January 12, 2015
ROBERT E. GURA
VS.
DIVISION OF CORRECTIONS
(CC-12-0607)
     Claimant appeared pro se.
     John H. Boothroyd, Senior Assistant Attorney General, for Respondent.
     PER CURIAM:
      Claimant, Robert Gura, an inmate at Mount Olive Correctional Complex, brought this claim to recover the value of certain personal property items that he alleges were converted by Respondent while being held in segregation.
      The Claimant testified at the hearing of this matter that on September 6, 2012, he received a disciplinary write-up and received sixty (60) days in segregation. While in segregation, Claimants personal property, which included an Xbox 360 were held in the “state shop” as it is known at the facility. Upon Claimant’s release from segregation, Claimant asserts that Respondent failed to deliver his Xbox 360 hard drive which is valued at $150.00, $7.00 worth of postage, and $3.00 worth of copies.
      Claimant argues that a bailment was created between himself and Respondent, and that Respondent is liable for failing to return his personal property items upon his release from segregation.
      It is the law in West Virginia that the creation of a bailment situation “imposes upon the bailee the obligation to exercise reasonable and ordinary care for the safety of the property so delivered.” Barnette v. Casey, 124 W. Va. 143, This Court has held that a bailment exists when Respondent records the personal property of an inmate and takes it for storage purposes, and then has no satisfactory explanation for not returning it. Page v. Division of Corrections, 23 Ct. Cl. 238 (2000); Heard v. Division of Corrections, 21 Ct. Cl. 151 (1997).
      In the present claim, the evidence adduced at the hearing established that Claimant and Respondent had created a bailor/bailee relationship and that Respondent had a duty to return Claimant’s items upon his release from segregation. Therefore, the Court finds that Respondent is liable for Claimant’s missing personal property items.
      Accordingly, the Court is of the opinion to and does make an award to Claimant in the amount of $160.00.
      Award of $160.00.
Summary:
     


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