IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

ANTHONY CARTAGENA

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION

(CC-19-0568)

Claimant appeared pro se.

Briana J. Marino, Attorney at Law, 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 August 7, 2018, the Claimant was incarcerated at Mount Olive Correctional Complex.
2. The Respondent’s officers conducted a search of the cell, during which the Claimant’s wall calendar sustained damage.
3. The Claimant placed a value of $18.53 on his lost property.
4. The Respondent was responsible for the Claimant and his property while he was in the custody of the Respondent.
5. The Respondent admitted liability in its pleadings and stipulated to the amount of $18.53.
6. The amount of $18.53 is fair and reasonable.

The Claims 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, it is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $18.53 in this claim.

Award of $18.53.