2009-Ohio-5989
No. 2009-04459-AD.Court of Claims of Ohio.
Filed July 16, 2009.
MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Brian K. Bishop, an inmate formerly incarcerated at defendant, Pickaway Correctional Institution (“PCI”), asserts that his property was stolen or confiscated during a shakedown search by PCI staff on or about April 24, 2007. Plaintiff filed this complaint on April 27, 2009 seeking to recover $135.57, the replacement value of his property. The filing fee was waived.
{¶ 2} 2) Defendant filed an investigation report admitting liability and acknowledging that plaintiff suffered damages in the amount of $135.57.
{¶ 3} 3) Plaintiff filed a response.
CONCLUSIONS OF LAW {¶ 4} 1) Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD. Defendant is liable to plaintiff in the amount of $135.57 for property loss.
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ENTRY OF ADMINISTRATIVE DETERMINATION
Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $135.57. Court costs are assessed against defendant.
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