IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA
WEST VIRGINIA DIVISION OF
CORRECTIONS AND REHABILITATION/EASTERN REGIONAL JAIL
Claimant appeared pro se.
Briana J. Marino, Attorney at Law, 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 April 25, 2019, the Claimant was arrested and taken to Eastern Regional Jail.
- The Respondent’s officers inventoried and stored the Claimant’s personal property when he arrived at Eastern Regional Jail. When the Claimant was released on July 20, 2019, he learned that his personal property had been lost.
- The Claimant placed a value of $350.00 on his lost property.
- The Respondent was responsible for the Claimant and his property while he was in the custody of the Respondent.
- Following an investigation, the Respondent admitted liability in its pleadings and stipulated to the amount of $350.00.
- The amount of $350.00 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 $350.00 in this claim.
Award of $350.00.