IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

JULIAN RICHARDSON

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION/

EASTERN REGIONAL JAIL AND CORRECTIONAL FACILITY

(CC-18-1706)

Claimant appeared pro se.

Briana J. Marino, Assistant Attorney General, for the Respondent.

PER CURIAM:

This claim was submitted to the Legislative Claims Commission upon a Stipulation entered into by the Claimant and the Respondent wherein certain facts and circumstances of the claim were agreed to as follows:

1. On November 14, 2018, the Claimant was incarcerated at the Eastern Regional Jail.
2. During the Claimant’s intake, the Claimant surrendered his Timberland boots to one of the Respondent’s officers who advised the Claimant that the boots would be secured and placed in his personal property bag. Once the Claimant was assigned to a pod within the facility, he learned that his boots were missing. An investigation revealed that the Claimant’s boots had not been placed in his personal property bag and instead had been given to an inmate who was being released from the facility and in need of boots.
3. The Claimant submitted a receipt indicating that the value of his lost property was $190.00.
4. The Respondent was responsible for Claimant and his property while he was in the custody of the Respondent. As a result, a bailment situation was created between the two parties.
5. The amount of $190.00 is fair and reasonable.

This Commission has previously taken the position that if a bailment situation has been created, the Respondent is responsible for property of an inmate which is taken from that inmate, remains in its custody and is not produced for return to the inmate.

Accordingly, this Commission is of the opinion to recommend an award to the Claimant herein in the amount of $190.00.

Award of $190.00.