IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
WEST VIRGINIA DIVISION OF CORRECTIONS
AND REHABILITATION/REGIONAL JAIL AUTHORITY
Claimant appeared pro se.
Briana J. Marino, Assistant Attorney General, for the Respondent.
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:
- On December 28, 2018, the Claimant was incarcerated at Southern Regional Jail, when he was attacked by another inmate and taken to the hospital.
- The Respondent’s officers locked down the pod where the Claimant’s cell was located and retrieved his glasses and commissary to deliver them to the Claimant. The Claimant’s property was lost or misplaced before the property could be delivered to the Claimant in another area of the facility.
- The Claimant placed a value of $300.00 on his lost property.
- The Respondent was responsible for Claimant and his property while he was in the custody of the Respondent.
- The Respondent did not object to the validity of the claim.
- The amount of $300.00 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 make an award to the Claimants herein in the amount of $300.00.
Award of $300.00.