IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

CLARK F. COOPER

v.

WEST VIRGINIA DIVISION OF

CORRECTIONS AND REHABILITATION/SOUTH CENTRAL REGIONAL JAIL

(CC-19-0386)

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 February 20, 2019, the Claimant was released from the South Central Regional Jail.
2. At the time of his incarceration, the Respondent’s officers inventoried and stored the Claimant’s personal property. When the Claimant was released, he learned that his personal property had been lost.
3. The Claimant placed a value of $911.00 on his lost property, but did not submit any receipts, invoices or other documentation in support of the value of his lost 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 $832.53, which represented the replacement value of the items verified to be in the Claimant’s possession at his intake at the South Central Regional Jail.
6. The amount of $832.53 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 $832.53 in this claim.

Award of $832.53.