IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

MIGUEL DELGADO

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION

(CC-18-1587)

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 September 18, 2018, the Claimant was incarcerated at Mount Olive Correctional Complex.
2. The Respondent’s officers conducted a shakedown of the Claimant’s cell and confiscated the Claimant’s beard and mustache trimmer. The Claimant later learned that the items were thrown away.
3. The Claimant placed a value of $25.44 on his lost property.
4. Respondent was responsible for Claimant and his property while he was in the custody of the Respondent.
5. The Respondent did not object to the validity of the claim.
6. The amount of $25.44 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 make an award to the Claimants herein in the amount of $25.44.

Award of $25.44.