IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

WENDELL K. ASH

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION

(CC-18-1693)

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 September 18, 2018, the Claimant was incarcerated at Mount Olive Correctional Complex.
2. The Respondent’s officers conducted a shakedown of the Claimant’s housing unit and cell and allegedly damaged the Claimant’s Walkman.
3. The Claimant placed a value of $29.99 on his lost property, but did not submit any receipts, invoices, property cards, inventory reports or other documentation in support of the value of his damaged property.
4. The Respondent was responsible for the Claimant and his property while he was in the custody of the Respondent.
5. Following an investigation, the Respondent admitted liability in its pleadings and stipulated to the amount of $11.90, which represented the replacement value of the Walkman.
6. The amount of $11.90 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 $11.90 in this claim.

Award of $11.90.