IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

JOSEPH JAMES SALMONS

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION/

SOUTH CENTRAL REGIONAL JAIL AND CORRECTIONAL FACILITY

(CC-18-0421)

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 February 27, 2018, the Claimant was arrested by United States Marshalls and taken to South Central Regional Jail.
2. During the Claimant’s intake, the Claimant surrendered $60.00 in cash. The cash was inadvertently placed in another inmate’s personal property inventory who was being processed at the same time as the Claimant.
3. 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.
4. The amount of $60.00 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 $60.00.

Award of $60.00.