IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

SAMANTHA D. BOYER

v.

WEST VIRGINIA DIVISION OF

CORRECTIONS AND REHABILITATION/EASTERN REGIONAL JAIL

(CC-19-1336)

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 August 14, 2019, the Claimant was incarcerated at Eastern Regional Jail.
2. The Respondent’s officers did not properly pack and inventory the Claimant’s personal property when she was taken to lockdown. When the Claimant returned to general population, she learned that her property had been lost.
3. The Claimant placed a value of $140.84 on her lost property.
4. The Respondent was responsible for the Claimant and her property while she was in the custody of the Respondent.
5. Following an investigation, the Respondent admitted liability in its pleadings and stipulated to the amount of $90.94, which represents the replacement value of the items verified to be in the Claimant’s cell at the time she was taken to lockdown.
6. The amount of $90.94 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 $90.94 in this claim.

Award of $90.94.