IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

TROY GOODMAN

v.

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION

(CC-19-0576)

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. In February, 2019, the Claimant was incarcerated at Mount Olive Correctional Complex and transferred to St. Mary’s Correctional Center. Shortly thereafter, he was transferred back to Mount Olive Correctional Complex. When he returned to Mount Olive, he discovered that several items of personal property, including a remote and personal hygiene items, had been lost.
2. The Claimant placed a value range on his personal property from $1.00 to $10,000.00.
3. The Respondent was responsible for the Claimant and his property while he was in the custody of the Respondent.
4. The Respondent admitted liability in its pleadings and stipulated to the amount of $38.79 as the current cost of replacement items, including a remote and personal hygiene supplies.
5. The amount of $38.79 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 $38.79 in this claim.

Award of $38.79.